Terms of Service

Terms of Services
Revision date: 2/24/2014

All services provided by Tuxxin Inc. (“Tuxxin Inc.”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Tuxxin Inc. from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Tuxxin Inc.’ servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software
Hacker programs or archives
Warez sites
Illegal music

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Tuxxin Inc. WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb – 1 gig will be treated and billed as the same.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Tuxxin Inc. is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Tuxxin Inc. must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, Tuxxin Inc. shall either:

(1) debit the client’s credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Tuxxin Inc. by no later than the specified payment due date. Tuxxin Inc. shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees
Certain services carry a setup fee charged by Tuxxin Inc. to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Tuxxin Inc. and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP/TOS violations, any and all refunds are forfeit.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee or late fee of $20.00 prior to reactivation.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
Tuxxin Inc. shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Tuxxin Inc. ‘ servers going off-line or being unavailable for any reason whatsoever. Furthermore, Tuxxin Inc. shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Tuxxin Inc. ‘ servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to legal@tuxxin.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
Tuxxin Inc. cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Tuxxin Inc. are resold. Thus, certain equipment, routing, software and programming used by Tuxxin Inc. are not directly owned or written by Tuxxin Inc.. Moreover, Tuxxin Inc. holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Tuxxin Inc. sees fit.

Account Activation
By activating your account with Tuxxin Inc., you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
Tuxxin Inc. guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

Tuxxin Inc. reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Tuxxin Inc., but also because it can overload Tuxxin Inc.’ network and disrupt service to Tuxxin Inc.’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Tuxxin Inc. will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Tuxxin Inc. reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Tuxxin Inc. choose to pursue and prosecute.

Obscene Speech or Materials:
Using Tuxxin Inc.’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Tuxxin Inc. is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using Tuxxin Inc.’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
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.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that Tuxxin Inc. determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

Privacy
Revision date: 2/24/2014

Tuxxin Inc. has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.

Contact information from the order forms is used to get in touch with the customer when necessary.

Billing information that is collected is used to bill the user for services.

Unique identifiers are collected from Web site visitors to verify the user’s identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor’s experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: legal@tuxxin.com