Terms of service

MX3 Design agrees to furnish services to the subscriber (also refered to as "the customer"), subject to the following TOS (Terms of Service).
 
Use of MX3 Design Service constitutes acceptance and agreement to MX3 Design's AUP (Acceptable Use Policy) as well as MX3 Design's TOS (Terms of Service).
 
All provisions of this contract are subject to the TOS (Terms of Service) of MX3 Design and the AUP (Acceptable Use Policy). We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions (and the provisions of any policies applicable to the Service(s)) or vary the Service(s) by giving at least 14 days prior notice via email sent to your billing e-mail address. You should also check these terms periodically for changes. Your continued use of MX3 Design's service(s) following the notification of changes to these terms and conditions and/or the service(s) will mean you accept those changes. If you do not agree to any such modified terms, you will be entitled to cancel our contract.
 
This Agreement shall be construed in all respects in accordance with the laws of the United Kingdom.
 
1. Disclosure to Government Agencies/Police: The AUP specifically prohibits the use of our service for illegal activities. Therefore, the subscriber agrees that MX3 Design may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to government agencies or the police upon written request without further consent or notification to the subscriber. In addition MX3 Design shall have the right to terminate all service set forth in this agreement.
 
2. Service Rates: The subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the subscriber. The subscriber is aware that MX3 Design may prospectively change the specified rates and charges from time to time including but not limited to rates charged to MX3 Design by its suppliers.
 
3. Payments and Fees: Service will be suspended on accounts that reach 7 days past their renewal date. Services suspended for non payment are subject to a £10 reconnection charge. Accounts not paid by due date are subject to a £5 late fee. Accounts that are not collectable by MX3 Design may be referred to an external collection agency for collection. If your account is referred for collection, you agree to pay MX3 Design a "processing and collection" fee of not less than £25 nor more than £200. If you wish to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
 
4. Refund and Disputes: Certain payments to MX3 Design are non refundable. This can include one time set up fees and subsequent charges regardless of usage and PayPal payments. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge (charge back) to your credit card issuer that, in MX3 Design's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay MX3 Design an "Administrative Fee" of not less than £25 and not more than £200.
 
5. Failure to Pay: The Company may temporarily deny service or terminate this agreement upon the failure of the subscriber to pay charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
 
6. Account Cancellation: Requests for cancelling accounts may be made with at least 30 days notice but not more than 60 days prior written notice.
 
You must provide all account information to cancel.
 
All hosting accounts have a minimum retention period of 30 days. Dedicated Servers have a minimum retention period of 30 days. You may also cancel a new order as long as the service has not started internal provisioning. If this is the case, the fee standard to one month of service will be charged.
 
7. The 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, the subscriber agrees that MX3 Design shall not be liable for any damages arising from such causes beyond the direct and exclusive control of MX3 Design. The subscriber further acknowledges that MX3 Design's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the subscriber for services during the period damages may have occurred. In no event shall MX3 Design be liable for any special or consequential damages, loss or injury.
 
8. New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 24 hours. Due to unforeseen complications, however, this process may sometimes require up to 2 business days.
 
9. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to MX3 Design 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 MX3 Design 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.
 
10. Support Boundaries
 
(i) MX3 Design, provides substantial technical support to our subscribers. The following is our guideline when providing support: For web sites constructed by MX3 Design we provide support related to your server, virtual site or web sites physical functioning which extends to programming deployed and code written by MX3 Design. If our original code and or programming has been altered in any way by a third party MX3 Design will only offer support related to your server, virtual site or web sites physical functioning. For all other customers support is only provided in relation to the physical functioning of your server, virtual site or web site.
 
(ii) Backup of data: MX3 Design will only perform server backups for managed hosting accounts to be executed at our discretion periodically, no less than quarterly and no greater than monthly. This is offered on a goodwill basis and only extends to customers for whom we've designed and constructed web sites which have not been altered in any way by a third party. The most recent backup copy will be left in the parent directory, we strongly encourage you to make independent provision for your own backups. MX3 Design assumes no responsibility whatsoever in the event of any data loss.
 
11. SPAM and Unsolicited Commercial Email (UCE): MX3 Design 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 MX3 Design may not use or permit others to use our network to transact in UCE. Customers of MX3 Design may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
 
Violation of MX3 Design's SPAM/UCE policy will result in severe penalties. Upon notification of an alleged violation of our UCE policy, MX3 Design will initiate an immediate investigation (within 48 hours of notification). During the investigation, MX3 Design may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our UCE policy, MX3 Design may, at its sole discretion, restrict, suspend or terminate customer's account. Further, MX3 Design reserves the right to pursue civil claims for any costs associated with the investigation of a substantiated policy violation. MX3 Design will notify the relevant authorities if the violation is believed to be a criminal offence.
 
First violations of this policy will result in an "Administrative Fee" of £250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of £500 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 £200 per hour that MX3 Design personnel must spend to investigate the matter. PLEASE, DO NOT SEND SPAM OR UNSOLICITED EMAIL FROM YOUR ACCOUNT.
 
IMPORTANT NOTICE: Anyone hosting websites or services on their server or web site 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 or web site from our network without notice to the customer. Any server or hosted web site guilty of a second violation WILL be immediately and permanently removed from our network without notice.
 
12. Network
 
(i). IP Address Ownership: If MX3 Design assigns a customer an Internet Protocol address for the customer's use, the right to use that Internet Protocol address shall belong only to MX3 Design, and the customer shall have no right to use that Internet Protocol address except as permitted by MX3 Design in its sole discretion in connection with the services, during the term of this agreement. MX3 Design shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the customer by MX3 Design, and MX3 Design 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.
 
(ii). Bandwidth and Disk Usage: The customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the services ordered by the customer ("Agreed Usage"). MX3 Design will monitor customer's bandwidth and disk usage. MX3 Design shall have the right to take corrective action if the 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 MX3 Design's sole and absolute discretion. If MX3 Design takes any corrective action under this section, the 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, MX3 Design may, at its sole discretion, collect a deposit, in an amount determined by MX3 Design, against customer's credit card on file with MX3 Design.
 
(iii). System and Network Security: Users are prohibited from violating or attempting to violate the security of the MX3 Design Network. Violations of system or network security may result in civil or criminal liability. MX3 Design will investigate occurrences, which may involve such violations and may involve, and cooperate with, government agencies and/or the police 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.
 
13. Notification of Violation:
 
(i). MX3 Design 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.
 
(ii). First violation: Any User, which MX3 Design 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 MX3 Design's discretion to a temporary suspension pending a user's agreement in writing, to refrain from any further violations.
 
(iii). Second Violation: Users that MX3 Design determines to have committed a second violation of any element of the Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
 
(iv). 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 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.
 
14. Suspension of Service or Cancellation: MX3 Design reserves the right to suspend network access to any customer if in the judgement of the MX3 Design network administrators the customer's server or web site is the source or target of the violation of any of the other terms of the AUP or for any other reason which MX3 Design 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, government agencies/police will be contacted regarding the activity. The customer will not be credited for the time the customer's services were suspended.
 
15. MX3 Design reserves the right to amend its policies at any time. All customers, Sub-Networks, resellers and managed servers of MX3 Design 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 in 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.
 
16. Indemnification: MX3 Design wishes to emphasize that in agreeing to the MX3 Design Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies MX3 Design for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to MX3 Design or the bringing of any claim against MX3 Design by any third-party. This means that if MX3 Design is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against MX3 Design, plus all costs and legal fees.
 
17. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. Email, an alternative email, address and telephone numbers are required.
 
(i). A waiver by the business of any breach of any provision of this agreement by the 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.
 
(ii). The subscriber shall not transfer or assign this agreement without the prior written consent of MX3 Design. MX3 Design may assign this agreement at any time without consent from or notice to the subscriber. MX3 Design reserves the right to cancel customers rights under this contract at any time without further obligation.
 
(iii). MX3 Design takes no responsibility for any material input by others and not posted to the MX3 Design Network by MX3 Design. MX3 Design is not responsible for the content of any other websites linked to the MX3 Design Network; links are provided as Internet navigation tools only. MX3 Design 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.
 
(iv). MX3 Design is not responsible for any damages your business may suffer. MX3 Design does not make implied or written warranties for any of our services. MX3 Design 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 MX3 Design.
 
(v). It is absolutely forbidden to host anonymous proxies/re mailers or IRC servers on Virtual Server Accounts or individual web sites. Virtual Server Accounts or individual web sites found hosting this material will be subject to immediate cancellation without refund.
 
18. Responsibility for Content: You, as MX3 Design's customer, are solely responsible for the content stored on and served by your server, virtual site or web site.