The use of products and services provided by LinuxFox Private Limited (LinuxFox.com), hereafter referred to as "LinuxFox", constitutes your agreement to the following "Terms of Service" in addition to the other terms and conditions mentioned here.
(1) Account Setup
We will setup your account after we have received payment and our payment partner(s) or we have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) for which you are signing up. If there is ever an abuse issue or we need to contact you, we will use the primary address on file. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account or services. If you fail to meet these requirements, the order may be considered fraudulent and denied.
(2) Legal Usage
You agree to use all services provided by LinuxFox for lawful purposes only. The laws of the United States of America and India are applicable.
You agree to indemnify and hold harmless LinuxFox from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. It includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the suspension or termination of your account.
Examples of unacceptable content on all servers include IRC bots, pirated software, warez, bank debentures, lottery sites, RPG, hate sites, hacker focused sites or programs, sites promoting illegal activities, IP scanners, brute force programs, mail bombers, and spam scripts. Forums that distribute or link to warez content are prohibited.
LinuxFox services, including all related equipment, networks, and network devices are provided only for authorized customer use. LinuxFox systems may be monitored for all lawful purposes, to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of LinuxFox system(s) constitutes consent to monitoring for these purposes. We reserve the right to refuse services to anyone. Any material that, in our judgment, is obscene or threatening is prohibited, and we reserve the right to remove it from our server with or without notice.
Adult content is allowed as long as it is legal in the United States of America and India.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.
Any site found to host child pornography or link to child pornography will be suspended immediately without notice.
We will report violations to the appropriate law enforcement agencies.
Failure to respond to tickets from our abuse department within 24 hours may result in the suspension or termination of your services.
If you doubt the acceptability of your site or service, please contact us for clarification.
It is your responsibility to ensure that scripts and programs installed under your account are secure, and permissions of directories are set correctly, regardless of the installation method. When at all possible, set permissions on most folders to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their accounts, including the compromise of credentials such as usernames and passwords.
(4) Zero Tolerance for SPAM
We take a zero-tolerance stance against sending of unsolicited emails, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Sites advertised via SPAM (Spamvertised) are not allowed on our servers. This provision includes, but is not limited to SPAM sent via fax, emails, instant messaging, and newsgroups. Organizations or entities listed in the ROKSO are not allowed to use our servers. Any account which results in our IP space being blacklisted will be immediately suspended or terminated. LinuxFox reserves the right to require changes or disable as necessary any web site, account, database, and other components that do not comply with its established policies or to make any such modifications in an emergency at its sole discretion. LinuxFox reserves the right to charge the holder of the account used to send any unsolicited emails a cleanup fee at its entire discretion.
You agree to supply appropriate payment for the services received from LinuxFox, in advance of the term during which we offer such services. You agree that until and unless you notify LinuxFox of your desire to cancel any or all services received, we will bill such services on a recurring basis. As a client of LinuxFox, it is your responsibility to ensure that your payment information is up to date and you pay all invoices on time. LinuxFox provides a grace period of three days from the time an invoice is due, after which we reserve the right to suspend or terminate the service. We may charge a late fee of ten percent of the invoice value on an invoice that has been overdue for more than a week.
(6) Offers and Coupons
Offers are limited to new orders only. You can avail only one offer at a time unless otherwise specified. Coupons are available for new customers only unless otherwise specified.
(7) Cancellations and Refunds
Customers may cancel their services at any time. If you request an immediate cancellation, then we reserve the right to terminate the service and delete data immediately after you submit the request. For an "End of Billing Cycle" cancellation request, we reserve the right to cancel the service and remove data anytime after the last day of the current billing cycle. Dedicated servers need to be canceled at least ten days before the next due date, failing to which you will have to pay the invoice for the next month.
Every shared web hosting and VPS plan carries a 30-day money back guarantee, applicable only to the first invoice paid by a new customer. If you are not completely satisfied within the first 30 days of your service, we will provide a full refund of the contract amount. Remember, it applies to shared web hosting and VPS plans only. We do not provide refunds on administrative fees, dedicated servers, domains, and SSL certificates. The money back guarantee is applicable for the first 30 days of a new account only. Refund requests after the initial 30 days will not be accepted. You will not be eligible for a refund if you violate the terms and conditions, or if you take advantage of our migration service, or if you use more than four hours of support time. Only a first-time account is eligible for a refund. For example, if you had an account with us before, canceled and signed up again, or if you opened a second account with us, then you would not be eligible for a refund. We process all refund requests in a week.
(8) Website Migration
Our migration team will make every effort to help you migrate your websites to our server. However, we offer it as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account migration. Some hosting companies save data in incompatible or proprietary formats, which may render extreme difficulty if not impossible to migrate some or all data. We will try our best, but in some cases, we may be unable to assist you due to technical difficulties.
(9) Backups and Data Loss
Your use of the services offered by LinuxFox is at your sole risk. LinuxFox is not responsible for data residing in your account. You agree to take full responsibility for files and data transferred and maintain appropriate backups of files and data stored on LinuxFox servers. LinuxFox provides free courtesy backups with specific hosting plans however we do not offer any guarantees on the availability of such backups. Even though we backup your data, we strongly recommend you to take offline backups of your data.
(10) Bandwidth Usage
The bandwidth counter is reset on the first day of every month. The allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account till you purchase additional bandwidth at an additional fee or suspend the account until you upgrade the package. Unused transfer in one month cannot be carried over to the next month. Video streaming is not allowed on unmetered bandwidth plans.
You agree to defend, indemnify, save and hold LinuxFox harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against LinuxFox, its agents, its customers, officers and employees, that may arise or result from services provided or performed or agreed or any product sold by customer, its agents, employees or assigns. You agree to defend, indemnify and hold harmless LinuxFox against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with LinuxFox, any materials supplied by customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, and any defective products sold to customers from LinuxFox's servers.
By using any LinuxFox service, you agree to binding arbitration. If any disputes or claims arise against LinuxFox or its subsidiaries, an arbitrator of LinuxFox's choice will handle such disputes. All decisions rendered by that arbitrator will be binding and final. You are also responsible for all costs related to such arbitration.
LinuxFox shall not be responsible for any damages your business may suffer. LinuxFox makes no warranties of any kind, expressed or implied for the services we provide. LinuxFox disclaims any warranty or merchantability or fitness for a particular purpose. It includes loss of data resulting from delays, no delivery, wrong delivery, deletion and all service interruptions caused by LinuxFox and its employees.
(14) Disclosure to Law Enforcement
LinuxFox may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We fully cooperate with law enforcement agencies.
Any changes to the policy will be posted here and will supersede this version of the policy. We will take reasonable steps to draw your attention to any changes in our policy. However, to be on the safe side, we suggest that you read this document each time you use the website to ensure that it still meets with your approval.
Either of us may terminate this agreement by providing the other with a written notice of material breach. The written notice must contain sufficient facts from which the non-breaching party may identify the alleged cause of the breach, and take steps to cure such a breach. Upon delivery of the notice of material breach, the party of alleged breach shall have seven calendar days during which the breach may be cured. If the material breach is incapable of cure, the non-breaching party may terminate this agreement immediately.