This Hexraa Acceptable Use Policy/Terms of Service ("AUP") outlines the expected behavior and prohibited actions when using Hexraa's hosting services (the "Services"). Please note that this AUP is not exhaustive, and Hexraa retains the right to modify it at any time. Any changes will be effective upon posting on the Acceptable Use Policy / Terms of Service page.

By registering for and using our Services, and thereby accepting the terms and conditions of this AUP, you agree to comply with these conditions as modified from time to time. Violation of this AUP may lead to the suspension or termination of your account, or other actions that Hexraa deems necessary. Hexraa also reserves the right to refuse service to anyone.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Hexraa is strictly prohibited.

Unauthorized use of other people's accounts or computers: Hexraa will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, etc.

Any unauthorized use of accounts or computers by a Hexraa customer, whether or not the attacked account or computer belongs to Hexraa, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Customers may not run IRC, bots, or clients on shared servers. Unacceptable uses also include, but are not limited to: Bulk emailing, unsolicited emailing, news group spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and anything else determined by Hexraa to be unacceptable use of Hexraa's services, including abuse of server resources.

Prohibited Content

• Providing material that is grossly offensive to the Web community, including blatant expressions of bigotry, racism, or hatred.
• Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
• Displaying material that exploits children under 18 years of age.
• Acts of copyright infringement, including offering pirated computer programs, music, videos, movies, or links to such programs/media, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
• Exporting encryption software over the Internet or otherwise, to points outside the United States.
• Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

Over Bandwidth Charges

Any excess bandwidth transfer will incur a charge of $0.05 per 1GB beyond your package's allotted bandwidth. This charge will be billed to your account at the start of each new month.

Unlimited Hosting Space

Hexraa does not impose arbitrary limits on disk space usage for certain web hosting plans, nor does it charge additional fees based on increased storage usage, as long as the subscriber's usage aligns with these Terms. Our web hosting services are intended for website hosting purposes. Hexraa does not offer unlimited storage for online storage, backups, or archiving of electronic files, documents, log files, etc. Any prohibited use of the Services will result in the termination of the subscriber's account, with or without prior notice.

Backups and Data Loss

Your use of Hexraa's services is entirely at your own risk. Hexraa shall not be held liable for any files or data stored on your account. It is your sole responsibility to manage and maintain appropriate backups for all files and data stored on Hexraa servers.

While Hexraa may conduct backups for certain services, it is important to understand that these backups are primarily for the purpose of server restoration in case of system failure or unforeseen technical issues. Hexraa does not guarantee the availability, completeness, or integrity of these backups for individual user data. Therefore, it is strongly recommended that users maintain their own comprehensive backups of all critical files and data stored on Hexraa servers.

In the event that you require a restoration from Hexraa's server backup, we offer one courtesy restore per quarter to the original location. Additional restoration requests beyond this allowance will incur a fee of $25 per request.

Unsolicited/Commercial Email Policy

Unsolicited commercial advertisements (spam) are strictly prohibited in email communications on our network. Violating this policy may result in account suspension or cancellation, with or without prior notice. At Hexraa, we maintain a zero-tolerance stance against spam originating from our network or promoting domains hosted on our servers. The following activities are explicitly forbidden:

• Unsolicited Bulk or Commercial Messages ("Spam"): This includes, but is not limited to, mass mailing of commercial ads, informational notices, charity solicitations, signature requests, and political or religious content. Such messages are only permissible when explicitly requested by recipients.
• E-mail Marketing Companies: Engaging in email marketing without consent is not allowed.
• Header Manipulation: Forging, altering, or removing email headers is strictly prohibited. Any domain sending deceptive spam will be terminated without warning or refund.
• Mail Bombing: Sending numerous copies of the same or nearly identical messages to overload servers or accounts is not permitted.
• Spamming Newsgroups: Commercial ads are unwelcome in most Usenet discussion groups and email mailing lists. Inappropriate posting may lead to account cancellation. Refer to the group or list's guidelines for advertising rules. "Spamming," sending unrelated messages to multiple off-topic groups, is considered unethical.
• Harassment: Using email to harass or intimidate others is prohibited. Harassment can involve language, message frequency, or message size. Sending a single unwelcome message may be considered harassment. Cease sending emails if a recipient requests to stop.
• Spamware: Providing or linking to spamware (software for bulk email sending or email address harvesting) is strictly prohibited and subject to removal or account cancellation.
• Unconfirmed Mailing Lists: Subscribing email addresses without clear and verifiable permission is not allowed. All mailing lists managed by Hexraa customers must use a "Confirmed Opt-in" approach, retaining subscription confirmation messages for the list's duration.
• Unauthorized Email Address Collection: Collecting email addresses without the owner's prior consent is strictly prohibited.
• Associating with Blacklisted Entities: Operating an account on behalf of, in connection with, or reselling services to entities listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
• Snowshoe Spamming: Any form of snowshoe spamming within our network is entirely forbidden. Snowshoe spamming is defined as per Spamhaus.org.

 

Note: If you use external services to promote a website hosted by Hexraa (spamvertising), this policy applies as if the spam were sent through our servers.

Blacklisting Consequences: If a customer or a third-party user associated with our customer's account causes Hexraa to be "blacklisted" or blocked, we reserve the right to suspend or terminate services, network access, or infrastructure usage.

Block Removal: If a customer's actions result in Hexraa's servers or IP addresses being listed on black hole lists or other mail filtering software systems, Hexraa may charge the customer for remedial actions ($200 upfront and $100 per hour thereafter).

Reverse DNS / PTR Requests / IP Address Clarification

All PTR (Pointer) requests must be associated with valid, live domains that host content. This requirement applies to all reverse DNS (rDNS) or PTR requests. We do not accept PTR requests for domains that do not have web content. Additionally, we do not permit mail from IP addresses that send mail anonymously. Please note that reverse rDNS entries with snowshoe characteristics will not be added under any circumstances.

CGI Scripts

This section applies to shared Linux web hosting accounts. Each shared Linux web hosting account includes its own cgi-bin directory for your CGI script usage. However, CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared Windows web hosting accounts must be approved by our Windows Server Administrators

Server Resource Abuse

This section does not apply to managed dedicated or Colocation servers. Shared server accounts are subject to resource usage limitations to maintain server stability. Resource abuse includes any process or service usage that disrupts normal server operations, including CPU and memory usage, concurrent processes, port or database connections, and bandwidth. Possible causes of resource abuse include CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, ASP.NET, HTTP, SMTP, POP3, and FTP. In the event of resource abuse, actions may include disabling offending scripts, services, or the entire account, and account cancellation. These actions may be taken without prior notice if server overload occurs due to resource abuse.

Child Pornography

We maintain a zero-tolerance policy towards child pornography. Hexraa will fully cooperate with any criminal investigation related to a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are responsible for their clients' actions on the Hexraa network and will be held liable for any illegal material posted by their clients

According to the Child Protection Act, child pornography includes visual depictions of individuals under the age of eighteen engaged in explicit sexual activity or materials that advocate or counsel sexual activity with minors.

Any violations of the Child Protection Act can be reported to the U.S. Customs Agency at 1-800-BEALERT.

IRC / Chat Networks

We strictly prohibit the operation of IRC (Internet Relay Chat), Chat Networks, IRC clients, or IRC bots on our servers. Additionally, IRC servers and Chat Network Servers are not permitted on our network. Violations of this policy may result in immediate account termination.

Current Contact Information

Current customers must maintain accurate contact information, including their full address, email, phone, and fax numbers, and keep it up to date. We rely on this information to reach customers during network emergencies, server downtime, maintenance periods, and for billing issues. Failure to update contact information promptly may result in temporary account suspension.

Excessive Use/Overages

If you exceed the agreed-upon monthly bandwidth or storage limits, or if you surpass the email storage and attachment size restrictions specified in your web hosting package, Hexraa reserves the right to assess additional charges at its discretion. Please note that if corrective action is taken, Hexraa will not refund any unused pre-paid fees.

It is your responsibility to manage your account and prevent unauthorized access that may result in exceeding bandwidth, storage, and email usage limits, along with any associated charges. Bandwidth overages are currently billed at $0.05 per gigabyte per month. Some plans may offer unmetered inbound bandwidth, which should be used for standard file transfers and not for backup services or any activities that constitute misuse of the offering.

Payment Policies

All accounts are set up on a prepay basis, and pricing is guaranteed for the prepayment term. Hexraa reserves the right to change prices at any time, unless other terms have been agreed upon. Invoicing is sent out 10 days before the due date, and Hexraa will attempt to renew the account 5 days before the due date which is considered the service renewal date, using the payment method on file. If a credit card account declines for charges within 5 days of the initial email notification, it may result in login deactivation. Any account not brought current within 7 days of the email notice or exceeding this timeframe in any way is subject to complete account deactivation. Please note that you are responsible for all outstanding charges until you notify Hexraa via the Request Cancellation link in the client portal to terminate services. All payments must be made in U.S. currency.

Any chargeback or returned check initiated on an account will result in the immediate suspension of all active services associated with that account. Additionally, a $35 fee will be applied for each chargeback or returned check. To reinstate services, the outstanding balance, including the fee, must be paid in full. Repeated instances of chargebacks or returned checks may result in the termination of the account and all associated services without further notice.

Cancellation

All account cancellations must be submitted through the Request Cancellation Link within your client portal. Cancellations via email requests, chat and telephone will not be accepted. Hexraa does not provide refunds for any unused portion of the service term. Cancellations must be submitted before the service renewal date to avoid automatic renewal. If an annual term or longer renews automatically, you have a 5-day window to request cancellation and receive a refund, minus one month at the normal monthly rate. Cancellations are processed immediately upon submission.

Past Due Policy

Late Fee: If a payment is not received by the due date, a late fee of 7% of the total invoice or $2 (whichever is greater) will be applied five days after the original due date.

Payment Arrangements: If you foresee needing more than five days beyond the due date to settle your invoice, please get in touch with us to set up a payment arrangement. To set up an arrangement, we require payment of 50% of your bill, excluding any late fees, to help cover our ongoing licensing expenses. If your service is turned off due to non-payment of the agreed-upon arrangement, a $25 reactivation fee will be added to the outstanding invoice. Please note that full payment of the invoice, including the reactivation fee, will be required to reactivate service.

Liability and Obligations on Cancellation

If this Agreement expires or is canceled for any reason, Hexraa is not liable for compensation, reimbursement, or damages, including but not limited to prospective profits, anticipated sales, goodwill, expenditures, investments, leases, or commitments related to your business. This applies to any other reason resulting from termination or expiration.

In the event you terminate this Agreement, you remain responsible for all fees, costs, and amounts accrued before the termination date, as well as any other outstanding obligations to Hexraa under this Agreement.

IP Address Overlap

Hexraa manages the network where customer servers are hosted. Customers are required to use only the IP addresses officially assigned to them by Hexraa staff. Any server found using unauthorized IP addresses will be temporarily suspended from network access until the IP address issue is rectified.

Material and Product Requirements

You are responsible for ensuring that all material and data placed on Hexraa's equipment is 'server-ready,' requiring no additional manipulation by Hexraa. Hexraa will not validate this information for content, correctness, or usability. If your material is not 'server-ready,' Hexraa may reject it. We will notify you of the refusal and provide an opportunity for you to modify the material to meet our requirements.

The use of our Services necessitates a certain level of knowledge in Internet languages, protocols, and software. This knowledge requirement varies depending on your website's intended use and content. You must possess the necessary knowledge to create and maintain your website, as Hexraa does not provide this knowledge or customer support beyond the scope of the Services.

Intellectual Property Rights

Materials accessible through Hexraa's services may be protected by copyright, trademark, trade secret, or proprietary laws in the United States or elsewhere. Unless expressly permitted by the rights owner, you must not use Hexraa, its servers, or network in a manner that infringes upon, violates, dilutes, or misappropriates these rights concerning any materials you access or receive through Hexraa.

If you use a domain name in connection with Hexraa or a similar service, you must ensure it does not infringe upon any third-party trademark, service mark, or similar rights.

Network Security

Customers using the Hexraa network must not attempt to circumvent user authentication or security measures of any host, network, or account. This includes, but is not limited to:

• Accessing data not intended for the customer, such as logging into a server or account without proper authorization.
• Password cracking.
• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
• Attempting to probe, scan, or test the vulnerability of a system or network without proper authorization.
• Probing the security of other networks in search of weaknesses.
• Violating any other organization's security policy.

Customers must not attempt to interfere with or deny service to any user, host, or network. This includes, but is not limited to:

• Flooding.
• Mail bombing.
• Other deliberate attempts to overload or crash a host or network.

Hexraa will fully cooperate with investigations into violations of systems or network security at other sites, including collaborating with law enforcement authorities in cases of suspected criminal violations. Users who violate system or network security may face criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack or unauthorized access to another server or system, Hexraa will take immediate action to shut it down. You will be responsible for any charges resulting from the cost of correcting security breaches affecting Hexraa or its other customers.

Shared Hosting Account/Dedicated Server Security

You are accountable for any misuse of your account, even if it is carried out by a friend, family member, guest, or employee. It is your responsibility to prevent unauthorized access to your account and not to compromise the security of other accounts or networks.

• Your password is your account's key; ensure its security.
• Sharing your password and account access with unauthorized users is strictly prohibited. You must prevent others from using your account, as you will be held responsible for any misuse.
• Attempting to obtain another user's account password is forbidden and may lead to service termination.
• Implement adequate security measures to minimize unauthorized account use.
• Do not attempt to breach user authentication or security of any host, network, or account. This includes accessing data not intended for you, logging into unauthorized servers or accounts, or probing the security of other networks. Using or distributing tools designed for compromising security, such as password guessers or network probing tools, is prohibited.
• Interfering with service to any user, host, or network, including denial of service attacks like network flooding, service overload attempts, or host crashes, is strictly prohibited.
• All managed dedicated server and Colocation customers must keep Hexraa updated on all root/administrative passwords.

Customers who violate systems or network security may face criminal or civil liability. Hexraa will fully cooperate with investigations into such violations at other sites, including collaborating with law enforcement authorities in cases of suspected criminal violations.

Colocation

Customers should acknowledge that server(s) may be susceptible to damage during shipping and handling. Hexraa cannot be held liable for any damage to Colocation servers for any reason. It is the customer's responsibility to ensure proper insurance coverage for the server's value. In no event shall Hexraa be liable for any special or consequential damages, loss, or injury.

Customers are required to make arrangements for the pickup and removal of co-located server(s). Any co-located server(s) left unclaimed will be considered abandoned and forfeited after 30 days.

Co-located server(s) terminated due to non-payment will also be considered abandoned and forfeited after 30 days if the customer has not arranged for their pickup.

For customers needing equipment shipped, we offer in-house packaging services, with charges applied for labor and packing materials per item. Once packaging is complete, we will provide you with the package dimensions and weight so you can arrange and send us pre-printed shipping labels. After the packaging and handling invoice is settled, your packages will be ready for pickup. Please ensure that pickup is scheduled with your shipping provider within 30 days of cancellation. If equipment is not picked up within this period, it will be considered abandoned and forfeited to Hexraa.

For customers planning to pick up equipment on-site, all account balances must be paid in full before retrieval. Please inform us by submitting a ticket or email with your planned pickup date and time. Any equipment left unclaimed for 30 days following cancellation will be deemed abandoned and forfeited to Hexraa.

Port 25 Policy

By default, port 25 (SMTP) will be closed for all customers on our dedicated server, colocation, and VPS hosting services.

Submission Requirement:

To request the opening of port 25, customers must follow these steps:

1. Submit a Request: Customers who need port 25 to be opened should submit a request to our support team, specifying the reason for needing port 25 access.
2. Provide Valid RDNS: Along with the request, customers must provide valid Reverse DNS (RDNS) hostnames that point to the respective IP addresses they want port 25 opened for. This helps ensure that the request is legitimate and is related to a specific domain or service
3. Agree to Maintain Log Files: Customers who have port 25 opened must maintain a minimum of 7 days worth of logs of their email activities. These logs should include details such as sender and recipient addresses, message timestamps, and any relevant information for auditing and security purposes.

 

Verification Process: Our team will review the request and the provided RDNS information to validate its authenticity. We will also assess the request's compliance with our usage policies.

Approval: If the request is approved, port 25 will be opened for the specified IP address(s).

Monitoring and Compliance: Customers who have port 25 opened are expected to use it responsibly and in compliance with our acceptable use policies and applicable laws and regulations. Failure to maintain logs as required may result in port 25 access being revoked.

Ongoing Maintenance: We reserve the right to periodically review and monitor the usage of port 25 to ensure that it is being used responsibly and for legitimate purposes. Customers found in violation of our policies may have their access revoked and/or service terminated with or without notice.

Policy Updates: This port 25 policy is subject to change at our discretion, and customers will be notified of any changes that may affect their use of port 25.

Electronic Commerce

For your online store and products, you are solely responsible for:

• The development, operation, and maintenance of your online store and its contents, ensuring their accuracy and appropriateness.
• Avoiding violations or infringements on the rights of third parties with your store's content and materials.
• Ensuring that the content and materials in your store are not libelous or illegal.
• The accurate calculation and application of shipping and sales tax.
• Accepting, processing, and fulfilling customer orders, as well as handling customer inquiries and complaints.
• The security and confidentiality of customer credit card numbers and related information accessed during electronic commerce transactions.

You must maintain the same level of care and security for customer information as you do with your own confidential information.

Static/Dynamic Content Caching

By using Hexraa's services, you grant Hexraa a license to cache your entire website, including third-party content. You also acknowledge that this caching does not infringe upon your intellectual property rights or the intellectual property rights of any third party.

IP Address Ownership

Hexraa maintains ownership and control of all IP numbers and addresses assigned to you. Hexraa reserves the right to change or remove any assigned IP numbers and addresses at its sole discretion.

Copyright Infringement

DIGITAL MILLENNIUM COPYRIGHT ACT

Notice and Procedure for Making Claims of Copyright Infringement

According to Title 17, United States Code, Section 512(c)(2), all notifications of alleged copyright infringement on the Hexraa system or website should be directed ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING HEXRAA OF POSSIBLE COPYRIGHT INFRINGEMENT.

CAUTION: Under federal law, making a knowingly false representation that online material is infringing may result in severe civil penalties, including monetary damages, court costs, and attorney's fees incurred by us, copyright owners, or their licensees who suffer injury due to your misrepresentation. Criminal prosecution for perjury is also possible.

DO NOT SEND UNRELATED INQUIRIES (e.g., requests for technical assistance or customer service, reports of email abuse, etc.) TO THE CONTACT LISTED BELOW. Such inquiries will not receive a response if sent to that contact.

Written notification must be submitted to the following Designated Agent:

Hexraa
Legal Department
Kondapur,
Telangana, 500081, India

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
• Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
• Identification of the material claimed to be infringing, with a URL to the relevant page for locating the material.
• Contact information of the complaining party (address, phone number, email address).
• A statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Lawful Purpose

Customers are required to use Hexraa's servers for lawful purposes only. Transmission of material in violation of Federal, State, or Local regulations is strictly prohibited. This includes, but is not limited to, copyrighted material, material deemed threatening or obscene, and material protected by trade secrets. The determination of such materials is at the discretion of Hexraa management.

Regardless of the place of signing this agreement, the client agrees that this contract was entered into and performed in Genesee County, Michigan. Any disputes will be litigated or arbitrated in Genesee County, Michigan. The customer waives all objections to venue or jurisdiction and acknowledges that litigation will be held in Genesee County Courts. Hexraa's maximum liability will not exceed the customer's monthly invoice total for any reason.

IMPORTANT NOTE: Hexraa reserves the right to discontinue service or deny access to anyone who violates our Policies or the terms and conditions WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be issued if account termination is due to violation of the terms outlined in this document.

Indemnification

Customer agrees to defend, indemnify, and hold Hexraa, its agents, customers, officers, and employees harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney's fees, arising from:

• Any injury to person or property caused by products sold or distributed in connection with Hexraa's server.
• Any material supplied by the customer that infringes or is alleged to infringe on the proprietary rights of a third party.
• Copyright infringement.
• Defective products sold to the customer from Hexraa's server.

Disclaimer

Hexraa will not be responsible for any damages your business may suffer. We make no warranties, expressed or implied, for the services we provide. This includes the disclaimer of merchantability and fitness for a particular purpose. Loss of data resulting from delays, non-deliveries, wrong deliveries, and service interruptions caused by Hexraa and its employees are also disclaimed. Hexraa reserves the right to revise its policies at any time.

Customer may not transfer or assign this agreement without prior written consent from Hexraa. However, Hexraa may assign the customer's contract, in whole or in part, at any time without customer consent. Hexraa reserves the right to cancel customer rights under this contract at any time without further obligation.

All sub-networks, resellers, and dedicated servers of Hexraa must adhere to the above policies. Failure to follow any term or condition will result in immediate account deactivation.

AUP/TOS Revisions

Hexraa reserves the right to revise, amend, or modify this AUP/TOS and all other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be deemed when the new information is posted within this document or any other online agreements. Customers may not necessarily be individually notified in writing of these changes. We recommend checking this and all other Hexraa agreements and documents regularly for updates.