VPS Terms of Service
(Last modified on May 5, 2013)The use of services from Anix Host constitutes agreement to these terms. When signing up for any account with Anix Host you are agreeing to the following terms. You may view our Privacy Policy here.
1. Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.
2. Content
All services provided by Anix Host may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless Anix Host from any claims resulting from the use of our services.
Examples of unacceptable material:
- Scam Sites (ex: Ebay/Paypal,CC/Password Scam sites)
- Mailbombers or any sort of spam sites
- IRC Bots
- Warez Sites
- Hate Sites
- Roms / Emulators
- Pirated Software
- Hack programs and archives
- Malicious Scripts
3. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice.
Anix Host reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Anix Host also reserves the right to make any such modifications in an emergency at our sole discretion.
Anix Host reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Anix Host. All rights reserved.
4. Backups and Data Loss
Your use of the service is at your sole risk. Anix Host is not responsible for files and 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 Anix Host servers.
5. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
6. Price Change
Anix Host reserve the right to change prices listed on Anix Host, and the right to change the amount of resources given to plans at any time. Contract pricing customers will not be affected by any price change throughout the contract period. The amount you pay for hosting will never increase from the date of purchase.
7. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Anix Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Anix Host, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Anix Host against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Anix Host; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Anix Host’s server.
8. Uptime Guarantee
Anix Host strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Anix Host monitoring systems or Anix Host authorized/contracted outside monitoring services. If Anix Host fails to meet its 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Anix Host does not credit a full month’s service for minor downtime. This would not be financially healthy for Anix Host, and in turn would only negatively affect the service level Anix Host provides to you. “Partial refunds for partial downtime” is our standard policy. In extreme circumstances, Anix Host may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one month service only, never more.
Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Anix Host network caused by or associated with:
Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (ie…fire, flood, earthquake, tornado, etc…), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
Telco Failure (ie…Verizon™ cutting a fiber line somewhere)
Backbone peering point issues (ie…UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
Scheduled maintenance for hardware/software upgrades
Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Anix Host utilizes only name brand hardware of the highest quality and performance.
Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)
DNS issues not within the direct control of Anix Host
Network floods, hacks, attacks from outside parties or individuals
Failure or error of any Anix Host monitoring or measurement system
Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Anix Host service(s) in breach of Anix Host Policy and Service Guidelines (AUP), by Client or others authorized by Client.
9. Disclaimer
Anix Host will not be responsible for any damages your business may suffer. Anix Host makes no warranties of any kind, expressed or implied for services we provide. Anix Host disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Anix Host and its employees.
10. Refund Policy
Anix Host reserves the right to cancel the account at any time.
Customers may cancel at any time. Anix Host gives you an unconditional 30 day money back guarantee on managed virtual dedicated server hosting. Refund requests after 30 days will be refunded on a prorated basis of any unused time. Payment made for domain registration and dedicated servers will not be refunded, domain name can be transferred to client.
Items that are not refundable are things such as licenses or certifications. Essentially anything that we can’t get refunded for such as cPanel liceneses, Fantastico licenses, WHMCS licenses, Domains, SSL Certificates, Litespeed Licenses, etc.
Accounts cancelled/terminated by Anix Host do not qualify for the 30 day money back guarantee. This also includes accounts suspended for TOS violations, in which the customer decides not to fix the violation. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
11. VPS SLA
1. 99.9% UPTIME AVAILABILITY
We guarantee that our network and hardware will be available 99.9% of the time (excluding scheduled maintenance). Should we incur a network or hardware outage Anix Host will credit the customer according to the table below. Network and hardware uptime comprises the functioning of all network infrastructure including cabling, switches and routers. Services or software running on your server are not included in the definition of our network. Network downtime exists if your server is unable to transmit and receive data and a ticket is opened for the incident in the Anix Host ticket tracking system. Please contact your account manager for additional information and terms regarding the Anix Host uptime guarantee.
- (99.99%-99.0% uptime) — Guaranteed
- (98.9% – 98% uptime) — 5% credit
- (97.9% – 96% uptime) — 10% credit
- (95.9% – 92% uptime) — 15% credit
- (91.9% – 90% uptime) — 25% credit
- (88.9% – 88% uptime) — 50% credit
- (less than 88% uptime) — 100% credit
Anix Host believes that no product or service in the world can give customers 100% satisfaction without a reliable and prompt support system. Our customer service representatives operate around the clock to walk you through the smallest of problems you might face, in the middle of the night or on a public holiday. Every support ticket that you
create through our system is guaranteed to receive a human response within 2 hours of submitting.
If there is no response to your ticket for over 1 hour, you can request a credit of $1 per ticket.
3. SATISFACTION GUARANTEE
Anix Host believes that no product or service in the world can give customers 100% satisfaction without a reliable and prompt support system. Our customer service representatives operate around the clock to walk you through the smallest of problems you might face, in the middle of the night or on a pubic holiday. Every support ticket that you create through our system is guaranteed to receive a human response within 1 hour of submitting.
12. Changes to the TOS
Anix Host reserves the right to revise its policies at any time without notice.
(Last modified on May 5, 2013)