Terms and acceptable usage

Terms and Acceptable Usage Policy

MaxSfx aims at providing high quality creative and hosting services. The terms and conditions stated herein help us to safeguard the interests of our customers as well as adhere to our ethical and regulatory responsibilities. Failure to follow any of these terms or conditions, will entitle us to immediately revoke the account/contract without prior notice. MaxSfx will hold the sole arbitrary rights to decide what is considered as violation of any of the terms and conditions. Further such activity will result in a forfeiture of all fees paid. Complaints for abuse of an account will be investigated and in case found guilty, will result in immediate suspension.

Report suspected abuses/ policy violations at abuse@maxsfx.com.

Please also see the following policies which provide additional terms and conditions relating to our services:

Illegal Usage

MaxSfx server and hosting services may be used only for lawful purposes. Storage, distribution or transfer, of any data, information, or content in violation of any applicable law or legal regulation is strongly prohibited. This also applies to (but not limited to) any copyright material, trademark, trade secret, other intellectual proprietary material, used without authorization. This also applies to obscene, defamatory content as well as content that constitutes an illegal threat, or violates export control laws. Non-acceptable content or links further include pirated software, hackers programs or archives, warez sites, MP3, and IRC bots. The subscriber to MaxSfx services agrees to indemnify and hold harmless MaxSfx from any claims resulting from the use of the service that harms the subscriber or any other party.

MaxSfx will hold the sole arbitrary rights to decide what is considered as violation of this provision.

Adult Content

Adult oriented sites, pornography and sex-related merchandising are prohibited owing to special system and network requirements. This also includes sites that may infer sexual content, or links to adult content elsewhere as well as the sites that promote any illegal activity or content that may be harmful to our servers or any other server on the Internet. Links to such content are also prohibited.

Security

Damages to system or network security are prohibited and can result in criminal or civil liability. This also applies to (but not limited to) unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Any interference with service to any user, host or network including, without limitation, flooding, mail bombing, broadcast attacks or deliberate attempts to overload a system. This also applies to forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resource

A website using an excess amount of server resources like the CPU time, storage, bandwidth and network resources, will be notified and given an option of either upgrading their service package by pa extra payments (depending on the resource need) or reducing the current resource usage to an acceptable level. MaxSfx will hold the sole arbitrary rights to decide what is considered as excess usage.

Any hosting account adversely affecting the server performance or the network integrity will be suspended without prior notice.

Chat Rooms

Installation of their own chat rooms by clients can be large system hogs and are permitted as an account option. MaxSfx offers a choice of Java chatrooms that meet most users’ needs and run without interfering with the performance of our servers. If you wish to setup specific chatrooms apart from the offered choice, contact us at contact@maxsfx.com for special arrangements.

Background Running Programs and Cron Jobs

MaxSfx strictly prohibits background Daemons like IRC bots, BitchX, eggdrop, XiRCON, and any other program which can interfere with normal server operations.

IRC

MaxSfx strictly prohibits operation of IRC or IRC bots on their servers.

Backups

MaxSfx conducts weekly backups on all their servers to safeguard all critical files and ensure no data loss. However MaxSfx will NOT be responsible for any loss of data, time, income or any other resource due to lack of backups or faulty backups at account holders end.

Client Responsibility

The account holder will be responsible for all activities originating from the account unless proven to be a victim of outside hacking or address forgery. The account holder is completely responsible for securing their username/password and all material on their site which may have been put up by a third party (like the usage of Free For All links pages). Use of MaxSfx services recommends a certain level of knowledge of Internet languages, protocols, and software, which may vary depending upon the anticipated use and the nature of content being hosted. The following examples can be used as guidelines:

  • Web Publishing requires basic knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc.
  • FrontPage web publishing requires knowledge of the FrontPage tools as well as Telnet and FTP capabilities
  • CGI-Scripts require knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
  • Mail and use of mail clients to receive and send mail, etc. need the account holder agreement that he/she has the essential knowledge to create and maintain the web space. The account holder further agrees that MaxSfx is not the responsible for providing this knowledge or support outside any matter specific to MaxSfx servers.

UCE (Unsolicited Commerce Email) – SPAM

Use of MaxSfx services for spamming or sending mass unsolicited emails using an email address that is maintained on a MaxSfx server is STRICTLY prohibited. MaxSfx will hold the sole arbitrary rights to decide what is considered as violation of this provision. If the accountholder engages in the aforesaid activities using services of another ISP or IPP and channels these activities through MaxSfx server as a maildrop for responses, it will be considered as a violation. Violators will be liable to penalty amounting to minimum of Rs.25000/- along with immediate suspension of service.

Mailing Lists

Large mailing lists on our servers, even though they are opt-in are not permitted. MaxSfx restricts the number of email messages each hosting account can send per hour. Currently, all our servers limit sending of emails to 100 messages per hour per hosting account.

Server abuse

Attempts to damage, undermine or cause harm to MaxSfx servers or clients/account holders of MaxSfx is strictly prohibited.All sub-networks and dedicated servers MaxSfx must adhere to the above policies. Failure to adhere to any of the above provisions will lead to account deactivation without prior notice.

Software Distribution

MaxSfx restricts the use of shared Web Hosting accounts for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, contact us at contact@maxsfx.com for special arrangements.

Multimedia Files

Any graphics, audio, and video files are defined as Multimedia files. A website with disk space usage for storing the multimedia files exceeding 70% of its total usage, in terms of disk size or number of files, is considered as using unusual amount of multimedia files, which is restricted by MaxSfx and should not exceed this limit.

Actions by MaxSfx

Failure to follow any of these terms or conditions, will entitle us to immediately revoke the account/contract without prior notice. MaxSfx will hold the sole arbitrary rights to decide what is considered as violation of any of the terms and conditions.

In case MaxSfx discovers or is reported with an alleged violation of its AUP, investigation will be initiated, during which the customer’s access may be restricted, suspended, or terminated in order to prevent further unauthorized activity. This action will depend on the severity of the violation. In case the violation is a criminal offense, MaxSfx will notify the appropriate law enforcement authorities for action.

MaxSfx is not liable for any credits owing to outages resulting from service disablement owing to AUP violations.

Further, the account holder agrees to indemnify and hold MaxSfx harmless from any claims resulting from the use of our services that damages them or any other party. The MaxSfx service is provided on an as is, as available basis without any kind of express or implied warranties. MaxSfx expressly disclaims any representation or warranty that its service will be error-free, secure or uninterrupted. Any information or advice, oral or written given by MaxSfx or its employees, licensors or the like, will not create a warranty. Also, MaxSfx cannot be held liable for any damage or loss arising out of any transaction or use of its service, directly or indirectly.

Modification

MaxSfx reserves the right to modify, add or delete any of the abovementioned provisions at any time, without notice.

Refusal of Service

MaxSfx reserves the right to refuse, suspend or cancel service at its sole discretion. All disputes are subject to Delhi Jurisdiction.

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30 Days Money Back Guarantee

Each of our shared web hosting and remote backup service plan comes with a 30 days money back guarantee.

Try out MaxSfx webhosting packages risk free for thirty days. We guarantee complete satisfaction with our service and in case you feel unsatisfied, you can cancel your account within 30 days from the day of submission/signing of your order form. You shall receive a refund of all service charges excluding set-up fee, payment processing, bank charges and domain name registration fees and you shall be under no further obligations. For security reasons, the cancellation request needs to be made by the primary contact person registered in the account info. He/she/it shall provide customer identification information as requested. Policy does not apply to additional services such as overages, extra disk space, additional e-mail accounts, etc.
Accounts terminated or cancelled by MaxSfx for violation of the Terms of Services & Acceptable Usage Policy or any other service policies, will not be eligible for the 30 day money back guarantee. Money back guarantee is also NOT applicable for domain name registration/transfer, dedicated server, private server, site builder, SSL certificates, any special hosting plan, email hosting, dedicated IP, additional bandwidth/disk quota, free hosting, SEO or SMO services, web site design & development, application design & development, Joomla cms related services or any of our other creative services.

The Accepted Use Policy, SPAM (UCE) Policy and all other policies stated herein are subject to change by MaxSfx without notice. Continued use of our services after a change to this policy is implemented and posted on the MaxSfx website is deemed to be your acceptance of such change or policy. We encourage you to frequently visit the Terms & Conditions published on the MaxSfx website for changes in our policies.