TERMS AND CONDITIONS
Our Terms have changed starting May 23, 2016
These Terms of Service (the “Agreement”) are an agreement between AnixHost.com (“AnixHost” or “Anix Host” or “us” or “our”) and you (“Customer” or “User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Anix Host and of the AnixHost.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement.
If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. If you are already a customer of AnixHost and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact AnixHost to cancel your Services.
- ADDITIONAL POLICIES AND AGREEMENTS
- Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
- Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
- OWNERSHIP AND SERVICES PURCHASED
- By registering for or using the Services, you represent and warrant that:
- You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
- If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
- The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased (“Service Description Page”) based on their description on the Service Description Page as of the Effective Date, as defined below. Anix Host may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by Anix Host as set out on the Service Description Page, are referred to as the “Services.”
- It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. AnixHost is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the Anix Host Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
- You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
- Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN) or Réseaux IP Européens (RIPE). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
- Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.
- TERM OF AGREEMENT
- This Agreement becomes effective immediately when Customer clicks “I Agree.” (“Effective Date”) and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of AnixHost, or by the posting by AnixHost of a revised version.
- The term of this Agreement is set to the Customer’s billing term (“Term”). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.
- OBEYING THE LAW
- Anix Host is registered and located within the United States of America and as such, we are required to comply with the laws and official policies of the United States of America, regardless of where the Services are provided. In addition, Anix Host will comply with appropriate laws and official policies set forth by the States.
- All services provided by Anix Host may only be used for lawful purposes. The laws of the United States of America apply.
- ANIXHOST CONTENT
- User Content
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to AnixHost that
- you have all the necessary rights to post or distribute such User Content
- your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to AnixHost a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, AnixHost does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
- AnixHost exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through AnixHost’s computers, network hubs and points of presence or the Internet. AnixHost does not monitor User Content. However, you acknowledge and agree that AnixHost may, but is not obligated to, immediately take any corrective action in AnixHost’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that AnixHost shall have no liability due to any corrective action that AnixHost may take.
- ACCOUNT SECURITY AND ANIXHOST SYSTEMS.
- It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
- The Services, including all related equipment, networks and network devices are provided only for authorized customer use. AnixHost may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
- Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. AnixHost may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
- Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by AnixHost of an issue, we reserve the right to leave access to services disabled.
- AnixHost reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
- HIPAA DISCLAIMER
- THIRD PARTY PRODUCTS AND SERVICES
Third Party Providers
AnixHost may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
AnixHost does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. AnixHost is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
AnixHost as Reseller or Licensor
AnixHost may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-AnixHost Products”). AnixHost shall not be responsible for any changes in the Services that cause any Non-AnixHost Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-AnixHost Products, either sold, licensed or provided by AnixHost to you will not be deemed a breach of AnixHost’s obligations under this Agreement.
Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-AnixHost Product are limited to those rights extended to you by the manufacturer of such Non-AnixHost Product. You are entitled to use any Non-AnixHost Product supplied by AnixHost only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-AnixHost Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-AnixHost Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by AnixHost (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
- COMPATIBILITY WITH THE SERVICES
- You agree to cooperate fully with AnixHost in connection with AnixHost’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, AnixHost is not responsible for any delays due to your failure to timely perform your obligations.
- You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by AnixHost to provide the Services, which may be changed by AnixHost from time to time in our sole discretion.
- You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. AnixHost does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
- Our transfer team will make every effort to help you move your site to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host.
- The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall AnixHost be held liable for any lost or missing data or files resulting from a transfer to or from AnixHost. You are solely responsible for backing up your data in all circumstances.
- PAYMENTS AND BILLING
- AnixHost will automatically bill your payment method on file up to fifteen (15) days prior to the due date on all terms of one (1) or more years; for terms less than one (1) year in length, AnixHost will attempt to bill your payment method on file up to five (5) days prior to due date. All fees are billed in United States Dollars (“USD”) and are subject to change with thirty (30) days notice prior notice to you.
- Your “Billing Term” is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, or annually.
- AnixHost is only able to automatically collect payment from customers with credit cards stored on file (as opposed to credit cards used one for one time transactions) or active PayPal subscriptions. All other payment methods (one time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your obligation to ensure that reoccurring fees are paid on their due date.
- As a customer of AnixHost, it is your responsibility to ensure that all billing information on file with AnixHost is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. AnixHost screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. AnixHost has no liability for the failure to provide Services, including third party services, if your account fails its fraud screen.
It is solely your responsibility to notify AnixHost’s Billing department via a support ticket after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and AnixHost is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
Unless otherwise provided, you agree that until and unless you notify AnixHost of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. AnixHost may report any such misuse or fraudulent use, as determined in AnixHost’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Payment Card Industry Security Standard Disclaimer
AnixHost complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. AnixHost does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
- LATE PAYMENTS
- Any invoices not being paid in full by the end of the first day of the Billing Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, AnixHost reserves the right to suspend your Service(s) with AnixHost and to charge a $10 “late penalty.” Ten (10) days following suspension of Services for non-payment, AnixHost reserves the right to terminate Service(s) for non-payment.
- Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, AnixHost may suspend or terminate your account and pursue the collection costs incurred by AnixHost, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. AnixHost will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
- AnixHost is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, AnixHost reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.
- Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact AnixHost’s Billing Department directly after you make a late payment to reactivate the dedicated server.
- REFUND POLICY AND BILLING DISPUTES
- AnixHost offers a thirty (30) day money- back guarantee for AnixHost’s managed shared and reseller hosting services only. If you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services including domain registration or transfer.
- No refunds are offered on dedicated server packages, vps hosting, cloud servers, custom packages, setup fees, domain registrations, domain transfers, domain renewals, SSL certificates, WHMCS Licenses, addons, dedicated IP addresses, advanced support fees, processing fees, or software licenses. AnixHost reserves the right to deduct fees for value added services that may have been included in the Services at no additional fee, such as a SSL certificate or free domain name registration, from any refunds or account credits.
- Only first-time accounts are eligible for a refund under the 30 day money back guarantee. For example, if you had or still have an account with AnixHost before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with AnixHost. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.
- Refunds will be issued only to the payment method that the original payment was sent from, and may take up to one (1) week to process.
- The following methods of payment are not refundable any circumstances (including during the money back guarantee period, if one applies), and refunds will be posted solely as credit to the hosting account for current or future Services: bank wire transfers, Western Union payments, checks and money orders.
- AnixHost will not activate new orders or provide additional Services for customers who have an outstanding balance with AnixHost. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by AnixHost in writing.
- Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and AnixHost is not responsible for any change in exchange rates between time of payment and time of refund. In addition, AnixHost reserves the right to refuse a refund at any time for any or no reason.
- If you believe there is an error in AnixHost’s billing, you must contact AnixHost about it, in writing, within thirty (30) days of the date you are billed or charged. AnixHost’s obligation to consider your claim is contingent on your providing it with sufficient facts for AnixHost to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify AnixHost in writing or meet the deadline set out above. If AnixHost finds that your claim is valid, AnixHost agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.
- CHARGEBACKS, REVERSALS, AND RETRIEVALS
- If AnixHost receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to AnixHost by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact AnixHost’s billing team to address any billing issues.
- If AnixHost appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to AnixHost by the credit card company or bank. Any double payment resulting from this process will be applied to Customer’s account in the form of a service credit.
- CANCELLATION OF SERVICES
- Either party may terminate this Agreement by providing notice to the other as provided herein.
- You may cancel service by completing AnixHost’s cancellation form located at Cancellation Form from Clieant Area . To reduce the likelihood of error and ensure the security of your account, AnixHost does not accept cancellations via any other method or location, including, but not limited to, telephone, email, or live chat. Cancellations are not final until confirmed by a representative of AnixHost in writing by email.
- Cancellations must be requested via the form indicated prior to 7 days of the Service’s renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above.
- If you pay AnixHost via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. AnixHost (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.
- AnixHost may terminate this Agreement at any time by providing notice to Customers via email. Should AnixHost terminate this Agreement for any reason other than a material breach, or violation of AnixHost’s Acceptable Use Policy, any prepaid fees shall be refunded.
- One party may also terminate this Agreement upon the occurrence of a material breach which has not been cured by the other party within ten (10) days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.
- AnixHost may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm AnixHost or others or cause AnixHost or others to incur liability, as determined by AnixHost in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, AnixHost shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, AnixHost may charge you for all fees due for the Services for the remaining portion of the then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
- REFUSAL OF SERVICE
- AnixHost reserves the right to refuse service to anyone at any time. Any material that, in AnixHost’s judgment, is obscene, threatening, illegal, or violates AnixHost’s terms of service in any manner may be removed from AnixHost’s servers (or otherwise disabled), with or without notice.
- Similarly, AnixHost reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. AnixHost is not responsible for any damages or loss of data resulting from such suspension or termination.
- If any manner of communication with AnixHost’s staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
- AnixHost happily accepts orders from outside the United States, but may limit accounts from certain countries with a high fraud rate. To help protect AnixHost and its customers from fraud, AnixHost may ask you to provide a copy of a government issued identification and/or a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.
- Due to United States law, AnixHost cannot accept any orders originating from countries that the United States has established an embargo on or otherwise prohibited trade with. By becoming a customer, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- RESOURCE USAGE
- Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all AnixHost customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. AnixHost reserves the right to suspend or terminate Services on any account that, at its sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason. See Disk Space, Bandwidth, and Email Usage Definitions.
- Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. AnixHost expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. AnixHost may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of AnixHost’s terms and conditions.
- Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
- AnixHost grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by AnixHost solely to access and use the Services. This license terminates on the expiration or termination of this Agreement. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in AnixHost’s technology shall remain with AnixHost, or its licensors. You are not permitted to circumvent any devices designed to protect AnixHost, or its licensor’s ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
- You grant AnixHost, or to any third parties used by AnixHost to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free, license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, your End Users, in conjunction with the Services. This license terminates on the expiration or termination of this Agreement. All right, title and interest in your technology shall remain with you, or your licensors.
- AnixHost offers one (1) free WHMCS license per Customer with an eligible hosting package. Hosting packages that are eligible for this offer are Level 1, 2, 3, 4, and 5 Reseller Packages, US 1, 2, 3 and UK 1, 2, 3, 4, 5 dedicated server packages. Shared hosting, VPS, and cloud reseller packages are not eligible for this offer. This offer is only valid while an eligible hosting package is active and current in payments. To reduce fraud, the free WHMCS license provided is only valid for a domain that is actively hosted on AnixHost owned equipment. Any account found to be violating these terms may have its license revoked without notice and charged a license fee of $9.95 for each month the account was in violation. AnixHost reserves the right to disable a WHMCS license at any time for any or no reason, with or without notice. Additionally, AnixHost may end this offer at any time for any or no reason, with or without notice.
- SERVICE MODIFICATIONS
- AnixHost reserves the right to add, modify, or remove any or all features from any service AnixHost provides, at any time, with or without notice. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and third party applications. These changes can be made for any or no reason and AnixHost does not guarantee the availability of any feature, whether written or implied. If the removal of a feature materially impacts your ability to use the Service, you may terminate this Agreement. For the purposes of this paragraph only, the term “materially” means that a reasonable business person would not have purchased the Services for the purposes used by you.
- UPTIME GUARANTEE
- AnixHost guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month. If AnixHost fails to meet its Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.
- Credits are only available for future services/invoices and cannot be issued as refunds. All credit requests must be sent via opening a new ticket to our billing department at no later than the tenth (10th) day of the month following the SLA (as that term is defined below) violation. Credits are issued based on the uptime for the previous calendar month only and requests not submitted within the required time frame cannot be approved.
- The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: scheduled maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer maxing its resource container, issues resulting from errors or omissions by the customer, issues relating to the customer’s ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. This clause does not apply to subscribers of Virtual Dedicated Server (“VDS”) or Dedicated Server packages. All credits are at the discretion of AnixHost, based on its investigation of any issue that is covered by this section.
- If AnixHost provides a credit, or Service Level Agreement, for a particular Service, this shall be your sole and exclusive remedy for defects in, or issues with, the Service.
- RESELLER TERMS AND CLIENT RESPONSIBILITY
- Resellers shall ensure that each of their clients complies with this Agreement.
- Resellers are responsible for supporting their clients. AnixHost does not provide support to clients of AnixHost’s resellers. If a reseller’s client contacts AnixHost, AnixHost reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client’s behalf for security purposes.
- Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. AnixHost will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
- AnixHost is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify AnixHost from and against any and all claims made by any User arising from the reseller’s acts or omissions.
- AnixHost reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by AnixHost.
- Resellers in the AnixHost Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
- SHARED (NON-RESELLER ACCOUNTS)
- DEDICATED SERVERS
- PRICE CHANGE
- SUPPORT POLICY
- AnixHost will provide technical support to you twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year. The only official method for technical support is via AnixHost’s help desk at http://anixhost.com/billing/submitticket.php. Telephone and live chat support are not official methods of support and are governed by the terms and conditions set forth in the following clause.
- Limited support will be provided, at AnixHost’s discretion and subject to availability of staff, via telephone and/or live chat. AnixHost will always do its best to provide fast, friendly, and helpful support over the telephone and live chat, but these options are not official methods of support and no guarantee is made as to the availability, accessibility, or technical expertise provided via these mediums.
- Inquires via telephone or live chat support should be limited to general questions which do not require access to any account or server to investigate or resolve and should not be used to request the status of or provide updates to a help desk ticket. Any issue requiring investigation, research, or access to an account/server should be sent via the help desk. AnixHost reserves the right to direct any issue to the help desk at its discretion and to refuse to provide support for such issues via telephone or live chat.
- Resellers are responsible for supporting their own customers. AnixHost does not provide support to its resellers’ customers. If a reseller’s customer contacts AnixHost, AnixHost reserves the right to place the customer account on hold until the reseller can assume its responsibility for its customer. All support requests must be made by the reseller on its customers’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller’s account and the actions of their customers. AnixHost will hold any reseller responsible for any of its customers’ actions that violate the law or the terms of service set forth in this Agreement.
- ADVANCED SUPPORT POLICY
- BACKUP SERVICES
- Your use of AnixHost’s Services is at your sole risk. This service is provided to you as a courtesy. AnixHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on AnixHost’s servers. Any and all backup services provided by AnixHost, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity.
- Backups are performed on servers that house shared and reseller packages only. No backups are performed for virtual private server (VPS/VDS) or dedicated server packages, unless you specifically purchase an additional service for this purpose. If your hosting account exceeds 150,000 inodes, the account will not be included in AnixHost’s automatic backup process.
- If you ask AnixHost to restore a backup of your data that is located on a backup server maintained by AnixHost, you agree to pay a non-refundable “restoration fee” of $10.00 per backup restored to complete the request. By requesting that AnixHost restore a backup for you, you also confirm a backup restoration will overwrite any and all current data on your account. AnixHost cannot be held liable if a backup restoration does not complete successfully. AnixHost will never charge a backup fee to restore a backup to address an error or omission caused by AnixHost.
- IP ADDRESS ALLOCATION
- RESTRICTIONS ON STORAGE SPACE USAGE
- MULTI-LOCATION HOSTING
- You represent and warrant to AnixHost that: (i) you have the experience and knowledge necessary to use the Services; (ii) you will provide AnixHost with material that may be implemented by it to provide the Services without extra effort on AnixHost’s part; and (iii) you have sufficient knowledge about administering, designing, and operating the functions facilitated by the Service to take advantage of it.
- You expressly warrant that you own the entire right, title and interest to, or have an appropriate license to use, all material provided to AnixHost, or which may be accessed or transmitted using the Services. You also warrant that to the extent you do business with other parties using the Services, that they have the same ownership interests in the materials provided to you, or accessed via you, that are set out in this paragraph.
- YOU EXPRESSLY AGREE THAT USE OF ANIXHOST’S SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE. OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, ANIXHOST HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OR NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OR MERCHANTABILITY, AND/OR TITLE. NEITHER ANIXHOST , ITS PARENT, ITS EMPLOYEES, AGENTS, RESELLERS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, WARRANT THAT ANIXHOST’S SERVICES WILL NOT BE INTERRUPTED OR BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, OR RELIABILITY, OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH ANIXHOST’S NETWORK, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. ANIXHOST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY ANIXHOST. NO WARRANTIES MADE BY THESE THIRD PARTIES TO ANIXHOST SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.
- THE WARRANTY DISCLAIMERS CONTAINED IN THIS AGREEMENT EXTEND TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM AnixHost, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.
- SOME STATES DO NOT ALLOW AnixHost TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE EFFECTIVE DATE.
- LIMITATION OF LIABILITY
- Your use of the Services;
- Any violation by you of any of AnixHost’s policies;
- Any breach of any of your representations, warranties or covenants contained in this Agreement; Or
- Any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your website, and users of your products or services the use of which is facilities by AnixHost.
- INDEPENDENT CONTRACTOR
- GOVERNING LAW AND DISPUTES
- PARTIAL INVALIDITY
- ENTIRE AGREEMENT
- CHANGES TO THE TERMS OF SERVICE
- We will indicate at the bottom or at the top of this Agreement the date of the last revision for any changes made for this Agreement.
- AnixHost may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice of such changes on your control panel. We will post a notice on the AnixHost website for at least thirty (30) days after the changes are posted. Unless AnixHost is required to make a change in an emergency, any change will be effective thirty (30) days after it is posted.
- Any revisions to this Agreement will become effective when posted unless otherwise provided.
- You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification. If such a change materially diminishes your ability to use the Services, you may terminate this Agreement.
- AnixHost reserves the right to modify, change, or discontinue any aspect of the Services at any time.
- You are encouraged to review the content of this Agreement on a regular basis.
- FORCE MAJEURE
- THIRD-PARTY BENEFICIARIES
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “AnixHost Content”), are the proprietary property of AnixHost or AnixHost’s licensors.
AnixHost Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any AnixHost Content.
Any use of AnixHost Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any AnixHost Content. All rights to use AnixHost Content that are not expressly granted in this Agreement are reserved by AnixHost and AnixHost’s licensors.
WE ARE NOT “HIPAA COMPLIANT.
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information.
AnixHost does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”).
Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination.
We do not sign “Business Associate Agreements” and you agree that AnixHost is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact Customer Support Department.
All use of hosting space provided by AnixHost is subject to the terms of this Agreement and the Acceptable Use Policy.
Please Check Acceptable Use Policy page for more information about Resources Usage policies and limitations if any.
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
AnixHost reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. AnixHost reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. AnixHost will not be liable for any loss of data resulting from such deletion.
AnixHost reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by AnixHost through the user billing tool or through other methods of communication, including notices sent or posted by AnixHost.
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Support to Customer is limited to AnixHost’s area of expertise and is available only for issues related to the physical functioning of the Services. AnixHost does not provide support for any third party software including, but not limited to, software offered by but not developed by AnixHost. AnixHost reserves the right to refuse assistance with and/or assess an “Advanced Support Fee” of $35.00 USD per hour (1 hour minimum) for any issue that, at AnixHost’s sole discretion, is: (a) outside the scope of standard support; or (b) caused by customer error or omission. AnixHost will always ask for your permission before providing advanced support that may be subject to a fee. By providing your permission, you agree to pay Advanced Support Fees as billed.
Any dedicated IP order, in addition to ones provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (“ARIN”). AnixHost reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
All accounts are subject to the following restrictions on storage space usage: a) accounts must have valid, working websites, and not violate any previously subscribed terms; b) accounts are not for use of mass storage of backups, files, audio, video, zip files or others, as determined by AnixHost, at its sole discretion; and c) accounts are not for use of mass distribution of files, such as torrents or mirrors. Any account found violating these terms may be suspended or terminated without warning.
AnixHost does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. AnixHost also reserves the right to deny the transfer of any account to a new location for any or no reason.
Your Warranties to AnixHost
The parties expressly disclaim the applicability of the United Nations Convention on the International Sale of Goods.
IN NO EVENT WILL AnixHost ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF AnixHost IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AnixHost’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AnixHost FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless AnixHost, and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and collectively, “indemnified parties”) from and against any and all claims, damages, losses. liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or relating to:
AnixHost and User are independent contractors and nothing contained in this Agreement places AnixHost and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
This agreement shall be governed by the laws of the State of California, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this Agreement shall be the state and federal courts in Durham County, North Carolina, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.
If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. AnixHost and Customer agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.
AnixHost shall not be responsible for any damages your business may suffer. AnixHost makes no warranties of any kind, expressed or implied for the Services. AnixHost disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by AnixHost or our employees.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
No failure or delay by you or AnixHost to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, accidents, acts of war or terrorism, shortages of supplies, riots, war, fire, flood, epidemics, failure of telecommunication carriers, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event less than ten (10) days from the beginning of the event.
No failure or delay by you or AnixHost to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.