Dexa Systems’ primary objective is to deliver value and support our subscribers wherever, whenever and however possible. Our management and staff will provide the highest level of attention and dedication to all of our subscribers.
In pursuit of our primary objective, Dexa Systems agrees to deliver the agreed upon services, as declared in the “New Account” confirmation, to our customers at the time of purchase, subject to the following Terms of Service (hereafter referred to as TOS).
In addition, the use of Dexa Systems’ service(s) by a subscriber constitutes an unconditional acceptance of and agreement to Dexa Systems’ TOS. Dexa Systems reserves the right to change or modify the TOS at any time without notice.
Dexa Systems guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where Dexa Systems has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Registrar issues with subscriber’s domain name, routing issues between subscriber location and Dexa Systems data center. The uptime guarantee is also not applicable if external issues such as Acts of God, Wars or any other natural or unnatural events that Dexa Systems cannot directly influence caused the service interruption. To request a service credit due to an uptime concern, please submit a request for this guarantee via Dexa Systems’ “Contact Us” form. If requesting a “service credit” we ask that subscriber briefly explains the reasons for doing so.
SPAM and Unsolicited Commercial Email (UCE)
Dexa
Systems takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM through our network and services. Customers of Dexa
Systems may not use, or permit others to use, our network to partake in UCE
distribution. Customers of Dexa Systems may not host or permit hosting of sites
or information that is advertised by UCE from other networks. Upon notification
of an alleged violation of our SPAM policy, Dexa Systems will initiate an
immediate investigation. During the investigation, Dexa Systems may restrict
customer access to the network to prevent further violations. Subscriber will
thereafter be advised of the situation. If a subscriber is found to be in
violation of this TOS, Dexa Systems may, at its sole discretion, unilaterally
restrict, suspend or terminate the violating customer's account. Further, Dexa
Systems reserves the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation. Dexa Systems will
notify law enforcement officials if the violation is believed to be a criminal
offense.
Prohibition of Adult Content
Subscribers of Dexa Systems’ services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.
Payment
Establishment of this service is dependent upon receipt of payment of stated charges by Dexa Systems. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle. VIII. Failure to Pay Dexa Systems may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees. IX. Account Cancellation A subscriber may cancel his account at any time online via his account control panel’s “Billing Options.” If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Dexa Systems could improve service. The cancellation will take effect immediately and the subscriber’s account will remain active until the end of the subscription. Account resumption is possible with one click from the same menu, in case you should redecide.
Subscriber Acknowledgment
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Dexa Systems and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that Dexa Systems shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Dexa Systems. Subscriber further acknowledges that the Dexa Systems’ liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Dexa Systems be liable for any special or consequential damages, loss or injury.
Change
of Nameservers
In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to Dexa Systems’ DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers cannot be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by Dexa Systems on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration’s registrar.
Support
Boundaries
Dexa Systems provides technical support to its subscribers. We limit our technical support to our area of expertise. The following is our guideline when providing support: Dexa Systems provides support related to your service plan’s features’ physical functioning. Dexa Systems does not provide technical support for the subscriber’s customers. The only way to request technical support is to utilize the technical support helpdesk located in your Dexa Systems control panel. If you are able to get online and have other questions, the answers may be on our documentation manual. We encourage you to check there first. Lastly, the "Quick Help" option in the control panel you are using may have the answer to your question. Please investigate these resources before contacting tech support.
Network
IP Address
Ownership If Dexa Systems assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to Dexa Systems and the subscriber shall have no right to use that IP address except as permitted by Dexa Systems. Dexa Systems shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by Dexa Systems. Dexa Systems reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.
Bandwidth
and Disk
Usage Subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer (“Agreed Usage”). Dexa Systems will monitor subscriber’s bandwidth and disk usage. Dexa Systems shall have the right to take corrective action if subscriber’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in Dexa Systems’ sole and absolute discretion, at any time deemed necessary by Dexa Systems.
System
and Network Security
Subscribers or any network users are prohibited from violating or attempting to violate the security of Dexa Systems’ network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Dexa Systems will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:
Notification
of Violation
Dexa Systems is under no obligation or duty to constantly view each subscriber's activities to determine if a violation of this TOS has occurred. Accordingly, we do not assume any responsibility through our TOS to monitor or police Internet-related activities. Dexa Systems will only investigate suspicious activities if they are deemed to violate this agreement or to harm any part of the services, network or other subscribers. If a subscriber is found to be in violation, the following steps are taken:
NOTE: Dexa Systems reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contacting the subscriber. Dexa Systems will contact the subscriber as soon as it is feasible.
Suspension
of Service or Cancellation
Dexa Systems reserves the right to suspend network access to any subscriber if in the judgment of Dexa Systems, the subscriber‘s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Dexa Systems deems necessary. If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault. XVI. Miscellaneous Provisions Subscriber must provide Dexa Systems real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.
Disclosure
to Law Enforcement
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that Dexa Systems may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber. XVIII. Indemnification Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
Severability
If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Applicable
Law
This TOS is subject to the governing laws of the State of Delaware. Courts of competent jurisdiction in Harris County, Texas shall hear and decide any disputes.
