5x.net, Inc. ("The Company") agrees to furnish
services to the Subscriber, subject to the following TOS (Terms of
Service).
Use of 5x.net Service constitutes acceptance and
agreement to 5x.net's AUP as well
as 5x.net's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of
Service) of 5x.net, Inc. and AUP
(Acceptable Use Policy). The AUP may be
changed from time to time at the discretion of the Company.
Subscriber understands that change to the AUP by the Company shall
not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance
with the laws of the state of Arkansas, county of Phillips
applicable to contracts enforceable in that state. Venue will be
Phillips County, Arkansas
Disclosure to Law Enforcement: The AUP
specifically prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that the Company may
disclose any and all subscriber information including assigned
IP numbers, account history, account use, etc. to any law
enforcement agent who makes a written request without further
consent or notification to the Subscriber. In addition 5x.net
shall have the right to terminate all service set forth in
this Agreement.
Service Rates: Subscriber acknowledges that the
nature of the service furnished and the initial rates and
charges have been communicated to Subscriber. Subscriber is
aware that the Company may prospectively change the specified
rates and charges from time to time. The promotional offer is
contingent upon Company achieving and maintaining its cost of
service goals including but not limited to rates charged to
company by its suppliers.
Payment: Establishment of this service is dependent
upon receipt by the Company of payment of stated charges.
Subsequent payments are due on the anniversary date of the
month for that month's service. All accounts and services
provided by 5x.net are subject to the current tax
rate as imposed by the State of Arkansas. The above
applies to all accounts and services provided by 5x.net.
Payments and Fees: Credit cards that are declined for
any reason are subject to a $1.00 declination fee. Services
will be suspended on accounts that reach 10 days past due.
Suspended accounts are subject to a $4.95 reinstatement fee. Accounts not paid by due date are subject to
a $4.95 late fee. Accounts that are not collectable by 5x.net
may be turned over to an outside collection agency for
collection. If your account is turned over for collection, you
agree to pay the company a "Processing and
Collection" Fee of not less than $50 nor more than $150.
If you desire to cancel your account, please follow the proper
procedure to do this as outlined in this TOS.
Refund and Disputes: All payments to 5x.net,
Inc. are nonrefundable. This includes the one time setup fee
and subsequent charges regardless of usage. All overcharges or
billing disputes must be reported within 60 days of the time
the dispute occurred. If you dispute a charge to your credit
card issuer that, in 5x.net's sole discretion is a
valid charge under the provisions of the TOS and /or AUP, you
agree to pay 5x.net an "Administrative Fee"
of not less than $50 and not more than $150.
Failure to Pay: The Company may temporarily deny
service or terminate this Agreement upon the failure of
Subscriber to pay charges when due. Such termination or denial
will not relieve Subscriber of responsibility for the payment
of all accrued charges, plus reasonable interest and any
collection fees.
Account Cancellation: All requests for canceling
accounts must be made in writing with at least 7 days notice
but not more than 60 days prior written notice and sent to
5x.net Attn: Cancellations, P. O. Box 2299, West Helena, AR
72390 or you may email us. You
must have all account information to cancel.
Subscriber acknowledges that the service provided is of
such a nature that service can be interrupted for many reasons
other than the negligence of the company and that damages
resulting from any interruption of service are difficult to
ascertain. Therefore, subscriber agrees that the company shall
not be liable for any damages arising from such causes beyond
the direct and exclusive control of the company. Subscriber
further acknowledges that the company's 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 the company be liable for
any special or consequential damages, loss or injury.
New Domain Accounts: All new web hosting accounts
involving new domains will be set up and entered into our DNS
servers within 2 to 3 business days. Due to unforeseen
complications, however, this process may sometimes require up
to 5 business days.
Transfer of Domains: New web hosting accounts which
involve the transfer of a domain from another provider to
5x.net,
Inc. will require a minimum of seven (7) days to be set up and
entered into our DNS servers. In some cases, such transfers
may take up to sixty (60) days. Due to the unpredictable
nature of the transfer process, no guarantees are made
regarding the amount of time a specific transfer may take. If
the transfer of the domain is done by 5x.net, Inc. on
behalf of the account holder a handling fee will be incurred.
If the customer cancels service during the transfer period for
any reason, all charges are considered earned.
Support Boundaries: 5x.net, provides 24 x 7
technical support to our subscribers (except for few holidays
and short company meetings when we close our center.) We limit
our technical support to our area of expertise. The following
is our guidelines when providing support: 5x.net provides support related to your server or virtual site
physical functioning. 5x.net does not offer tech
support for application specific issues such as cgi
programming, html or any other such issue.
SPAM and Unsolicited
Commercial Email (UCE):5x.net takes a zero
tolerance approach to the sending of Unsolicited Commercial
Email (UCE) or SPAM over our network. Very simply this means
that customers of 5x.net may not use or permit others to
use our network to transact in UCE. Customers of 5x.net may
not host, or permit hosting of, sites or information that is
advertised by UCE from other networks. In addition, it is not
acceptable to transmit bulk email through remote SOCKS, HTTP or
other similar proxies who in turn make a SMTP (TCP port 25)
connection to the destination mail servers. This technique may
result in account suspension or termination. Violations of this
policy carry severe penalties, including termination of service.
In order to prevent unnecessary blacklisting due to spam we
reserve the right to occasionally sample bulk email being sent
from servers.
Violation of 5x.net's SPAM policy will result
in severe penalties. Upon notification of an alleged
violation of our SPAM policy, 5x.net will initiate an
immediate investigation (within 24 hours of
notification). During the investigation, 5x.net may restrict customer access to the network to prevent
further violations. If a customer is found to be in
violation of our SPAM policy, 5x.net may, at its
sole discretion, restrict, suspend or terminate customer's
account. Further, 5x.net reserves the right to
pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. 5x.net
will notify law enforcement officials if the violation is
believed to be a criminal offense.
First violations of this policy will result in an
"Administrative Fee" of $150 and your account
will be reviewed for possible immediate termination. A
second violation will result in an "Administrative
Fee" of $300 and immediate termination of your
account. Users who violate this policy agree that in
addition to these "Administrative" penalties,
they will pay "Research Fees" not to exceed $75
per hour that 5x.net personnel must spend to
investigate the matter. PLEASE, DO NOT SPAM from your
account.
As our Customers are ultimately responsible for the
actions of their clients over the 5x.net network,
it is advisable that Customers develop a similar, or
stricter, policy for their clients.
IMPORTANT NOTICE: BEGINNING IMMEDIATELY, anyone hosting websites or
services on their server that support spammers or cause any of
our IP space to be listed in any of the various Spam Databases
will have their server immediately removed from our network.
The server will not be reconnected until such time that you
agree to remove ANY and ALL traces of the
offending material immediately upon reconnection and agree to
allow us access to the server to confirm that all material has
been COMPLETELY removed. Severe violations may result
in immediate and permanent removal of the server from our
network without notice to the customer. Any server guilty of a
second violation WILL be immediately and permanently
removed from our network without notice.
Network
IP Address Ownership: If 5x.net assigns
Customer an Internet Protocol address for Customer's use,
the right to use that Internet Protocol address shall
belong only to 5x.net, and Customer shall have no
right to use that Internet Protocol address except as
permitted by 5x.net in its sole discretion in
connection with the Services, during the term of this
Agreement. 5x.net shall maintain and control
ownership of all Internet Protocol numbers and addresses
that may be assigned to Customer by 5x.net, and 5x.net
reserves the right to change or remove any and all such
Internet Protocol numbers and addresses, in its sole and
absolute discretion. Our allocation of IP addresses is
limited by ARIN's new policies. These new policies state
that use of IP addresses for IP based virtual hosts will
not be accepted as justification for new IP addresses.
What this means to you is that you MUST use name-based
hosting where possible. We will periodically review IP
address usage, and if we find that clients are using IP
addresses where name-based hosting could be used, we will
revoke authorization to use those IP addresses that could
be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that
bandwidth and disk usage shall not exceed the number of
megabytes per month for the Services ordered by Customer
on the Order Form (the "Agreed Usage"). 5x.net
will monitor Customer's bandwidth and disk usage. 5x.net
shall have the right to take corrective action if
Customer'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 5x.net's sole
and absolute discretion. If 5x.net takes any
corrective action under this section, Customer shall not
be entitled to a refund of any fees paid in advance prior
to such action. In the event that a customer exceeds
the included allocation, 5x.net may, at its sole
discretion, collect a deposit, in an amount determined by
5x.net,
against customer's credit card on file with 5x.net.
System and Network Security: Users are prohibited
from violating or attempting to violate the security of
the 5x.net Network. Violations of system or
network security may result in civil or criminal
liability. 5x.net will investigate occurrences,
which may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting
Users who are involved in such violations. These
violations include, without limitation:
Accessing data not intended for such User or logging
into a server or account, which such User is not
authorized to access.
Attempting to probe, scan or test the vulnerability
of a system or network or to breach security or
authentication measures without proper authorization.
Attempting to interfere with service to any user,
host or network, including, without limitation, via
means of overloading, "flooding", "mail
bombing" or "crashing".
Forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to
which such User is not entitled.
Notification of Violation:
5x.net is under no duty to look at each
customer's or user's activities to determine if a
violation of the AUP has occurred,
nor do we assume any responsibility through our AUP to
monitor or police Internet-related activities.
First violation: Any User, which 5x.net determines to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of
the violation. The service may be subject at 5x.net's
discretion to a temporary suspension pending a User's
agreement in writing, to refrain from any further
violations.
Second Violation: Users that 5x.net determines
to have committed a second violation of any element of
this Acceptable Use Policy shall be subject to immediate
suspension or termination of service without further
notice.
We reserve 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 contact you. If we do this, we will contact
you as soon as is feasible.
Suspension of Service or Cancellation: 5x.net reserves the right to suspend network access to any customer
if in the judgment of the 5x.net network
administrators the customer's server is the source or target
of the violation of any of the other terms of the AUP
or for any other reason which 5x.net chooses. If
inappropriate activity is detected, all accounts of the
Customer in question will be deactivated until an
investigation is complete. Prior notification to the Customer
is not assured. In extreme cases, law enforcement will be
contacted regarding the activity. The customer will not be
credited for the time the customer's machines were suspended.
5x.net reserves the right to amend its policies at
any time. All Sub-Networks, resellers and managed servers of
5x.net
must adhere to the above policies. Failure to follow any term
or condition will be grounds for immediate Cancellation. You
will be held responsible for the actions of your clients in
the matter described on these Terms and conditions. Therefore,
it is in your best interest to implement a similar or stricter
Terms and conditions or otherwise called Acceptable Terms of
use policy.
Indemnification: 5x.net wishes to emphasize that in
agreeing to the 5x.net Acceptable
Use Policy (AUP) and Terms of Service (ToS), customer
indemnifies 5x.net for any violation of the Acceptable
Use Policy (AUP) and Terms of Service (ToS) that results
in loss to 5x.net or the bringing of any claim
against 5x.net by any third-party. This means that if 5x.net
is sued because of a customer's or a customer
of a customer's activity, the customer will pay any damages
awarded against 5x.net, plus all costs and attorney's
fees.
Miscellaneous Provisions: You must provide us with,
and keep current, good contact information for you. E-mail,
fax, and telephone contacts are used, in that order of
preference.
A waiver by the Company of any breach of any provision
of this Agreement by Subscriber shall not operate as or be
construed as a continuing or subsequent waiver thereof or
as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement
without the prior written consent of the Company. Company
may assign Agreement at anytime without consent from or
notice to Subscriber. Company reserves right to cancel
customers rights under this contract at anytime without
further obligation.
5x.net takes no responsibility for any material
input by others and not posted to the 5x.net Network by
5x.net. 5x.net is not
responsible for the content of any other websites linked
to the 5x.net Network; links are provided as
Internet navigation tools only. 5x.net disclaims
any responsibility for any such inappropriate use and any
liability to any person or party for any other person or
party's violation of this policy.
5x.net is not responsible for any damages your
business may suffer. 5x.net does not make implied
or written warranties for any of our services. 5x.net
denies any warranty or merchantability for a specific
purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service
interruptions caused by 5x.net.
It is absolutely forbidden to host pornographic content
or IRC servers on Virtual Server Accounts. Virtual Server
Accounts found hosting this material will be subject to
immediate cancellation without refund.
Responsability for Content: You, as 5x.net's
customer, are solely responsible for the content stored on and
served by your 5x.net site.
