Subtrex Networks - Terms of Service (ToS)
There are no hidden fee.s so if you are searching for them in small print, just a head.s up.
Use of Subtrex Networks services constitutes acceptance and agreement to Subtrex Networks.s AUP (Acceptable Use Policy) as well as Subtrex
Networks.s TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of .us., .we., .our., .ours. shall constitute reference to
Subtrex Networks, the usage of .you., .your., .they., .them. shall refer to client / customer of Subtrex Networks.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of
such order by Subtrex Networks, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.
2. Subtrex Networks will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable
Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of
all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual
terms will not be applicable to their individual service.
3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's
contract, Customer will pay Subtrex Networks any additional fees as specified in the Service Description within three (3) days of invoicing
period. Any BW overage bill not paid within three (3) days of invoicing will be subject the server and services to suspension.
4. We reserve the right to discontinue and/or refuse to provide service to any client or party at our sole discretion.
5. All stated terms contained within this contractual agreement are subject to change without prior written notice as any updates may openly be
viewed at our site, http://subtrex.net/. In addition, we reserve the right to make modifications to such terms contained herein at our sole
discretion as deemed necessary by management.
What may not be hosted on our network:
Illegally posted materials will not be tolerated on our network. These include:
- Copyrighted Software
- Child pornography
- Credit Card Fraud Information
- Copyrighted media, includes but not limited to: Video, Music, TV, Radio
If you find any of the above materials hosted on one of our web servers, please report to abuse@subtrex.net.
Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited email from our network, or which
decrease the performance of our servers thus bearing on the quality of service we may provide to other customers.
Network Uptime is the total time in a calendar month that the Subtrex network is available through the Internet, provided that Client has
established connectivity. Subtrex Networks takes responsibility for Network availability within their network, however, we cannot be held liable
for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render
100% packet loss, 99% of each calendar month
Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to
access the services as described in the section titled .Network Uptime. above. A Network Outage is defined as a period in which 100% packet loss
to our network is experienced, which is determined to have been caused by a problem in Subtrex Networks.s Network as confirmed by Subtrex
Networks. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Scheduled Downtime is any Subtrex Networks scheduled interruption of Services, for the purpose of network upgrades, or replacement of any
equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as
possible via e-mail with a minimum of 12- 24 hours notice.
SLA Network Violation Credit
http://www.subtrex.net/sla.html
· Performance Credit exclusions:
The following are excluded from the monthly calculation of Service Availability:
· Scheduled downtime
· Problems outside of Subtrex Networks.s network (upstream providers, or client.s inbound connection) not effecting 100% loss to our network
· Interruptions or failure of individual service caused by client, their employees, client.s customers, etc. to their service. These include
inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware
failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders
immediately.
Payment:
Establishment of this service is contingent upon receipt of payment from Customer to Subtrex Networks. Subsequent payments are due on the
anniversary date of the month for that month.s service, unless customer requests all monthly payments to be consolidated to one specific billing
date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account.s monthly recurring billing
date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any
setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.
Delinquent Accounts:
Subtrex Networks may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or
denial will not relieve customer of responsibility for the payment of all accrued service fees, or any collection fees.
Credit cards that are declined for any reason are subject to a $10.00 declination fee.
All accounts that become more than 7 days past due will be charged a $15.00 late fee.
Service will be interrupted on accounts that reach 14+ days past due.
Accounts that are not collectable by Subtrex Networks will be turned over to an outside agency for collections. If your account is turned over for
collection, you agree to pay the company a "Processing and Collection" fee of not less than fifty dollars ($50.00) and no more than one hundred,
fifty dollars ($150.00)
Account Cancellation:
All requests for canceling any service(s) must be made in writing with at least 7 days notice but not more than 30 days prior to when services
need to be stopped. A written email at http://www.subtrex.net/cancel.php is required to complete your request. If a termination request is
submitted less than 7 days before the renewal date for the account, the client will be held liable for any charges that are automatically charged
to the account for hosting while the request is in our queue.
When submitting a termination request, include your domain name and the last name on the credit card being billed for services in your email.
All termination requests must be sent from the person listed on file as the owner of the account. Any outside requests will be rejected.
Termination requests sent to any other location other than our online helpdesk are invalid.
Refunds and Disputes:
All payments to Subtrex Networks are nonrefundable. This includes any setup fees, monthly fees, quartly fees, bi-annual fees and yearly hosting
fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit
card issuer, also known as charge backs, in Subtrex Networks.s discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS,
will result in service interruption, and reconnection fees to restore the desired service.
Suspension and Cancellation:
Company will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service
interference as reasonably possible. Company reserves the sole right to suspend service to any Customer located in our datacenter for violation of
the AUP without notice. Company reserves the right to terminate service without notice for any violations of the AUP.
Violations of the AUP will result in the following:
* A warning notification via email, Orbit trouble ticket or telephone with 72 hours notice for resolution.
72 hours is the standard notification; situations involving law enforcement, phishing, fraud, password harvesting, network interference, Denial or
Disruption of service, IRC mis-use, or other malicious activity can reduce the notification time frame.
Failure to resolve the AUP violation within 72 hours will result in the following:
* Removal of the violating content or service
* Removal of DNS for the server
* Temporary shutdown of the server
* Block on outgoing mail
* IP address routing to null
Repeat violation of the above terms will result in the following actions.
* Immediate disconnection of service with no re-activation.
* $100 fee assessed to Customer account for violation.
Pro-rated refunds are only issued in regards to upgrades and downgrades of an existing hosting plan. Payments made on a monthly or yearly basis
after upgrade are still nonrefundable, however the customer is not obligated to continue their subscription past the month or year last paid for.
30 Day money back Guarantee:
All shared hosting, reseller hosting, and windows hosting plans come with a 30 day money back promise. If for whatever reason we fail to satisfy
your needs and are within 30 days we will fully refund your money all we ask is you give us a reason so this will help us improve as a company.
Dedicated Servers do not fall under this policy due to the labor involved in setting them up and also cost.
Dedicated Server Restore:
Subtrex Networks is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your
server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are
responsible for data restoration. Subtrex Networks shall not be liable for loss of data under any circumstance.
Hardware replacement will occur within 1 - 8 hours of the reported problem, Subtrex Networks will refund 5% of the monthly fee per additional 8
hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built
systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep
pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email
sales, within 10 days of reported violation, at: sales@subtrex.net . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM
EST. *Hardware SLA violations do not cover network SLA violations*
Bandwidth usage and limitations:
All dedicated server plans include an allocated continuous data transfer rate of 4.5 Mbps in a 30-day calendar month, which is an approximate
quantity of 1,500 GB of data transfer. If your monthly average usage exceeds the bandwidth transfer rate of 4.5 Mbps within your 30 day billing
cycle, you will be billed for total average usage based on 95th percentile metering and will be liable for overages exceeding your monthly
allocation. In accordance to these terms of service, you, the client, agree to pay such overages at the rate of $75.00 per 1 Mbps.
Example:
Bandwidth Allocation 4.5 mbps
Bandwidth used for x month = 5.0 mbps (based 95th percentile metering)
Bandwidth overages = 5.0 mbps - 4.5 mbps = 0.5 mbps
0.5 mbps x $75.00/mbps = $37.50
If you anticipate high bandwidth usage, please contact our sales department, sales@subtrex.net, for further information on the availability of
other plans with higher bandwidth transfer allocations.
*Note: 1 Mbps of continuous transfer in a 30 day period ~ 320 GB of data transfer.
Further in-depth information on 95th percentile metering may be found on the following site: http://www.seanadams.com/95/.
Dedicated Server Cancellations
We require at least 5 days before your next monthly billing cycle. To cancel your dedicated server, please submit a support ticket via the Helpdesk. If you fail to process cancellation in under 5 days the next month will be charged and
canceled at the end of the billing cycle.
Resource Abuse Policy
Any website that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated
server. The abuse and misuse of system resources is a serious problem, and Subtrex Networks does not tolerate it. Server resources must be shared
with other users, so we must limit how much of the CPU and memory that can be used by any one account.
In all fairness, we cannot allow one or two clients to use all of the system resources and have all other clients suffer because of it. Excessive
CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU & memory usage by a few
clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.
AVERAGE SERVER RESOURCE LIMITS
Memory usage may not exceed 10% per domain/file/application
CPU usage may not exceed 20% per domain/file/application
Apache connections may not exceed 30 connections
15 MySQL maximum user connections allowed
350 emails per hour, per domain
There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can
create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to
suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a
dedicated server so the website can grow at a normal rate without restriction.
SUSPENSIONS
In the event your website has been suspended for resource abuse (abuse that cannot be resolved by removing/changing a script, etc.) and you do not
wish to upgrade to a dedicated server to accommodate your site needs, we will only release the suspension within 24-48 hours. This is to ensure
the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be
allowed FTP/cPanel access for a certain time period. Any questions about our abuse policy may be answered by emailing our abuse department at
abuse(@subtrex.net).
Acceptable Use Policy (AUP)
Subtrex Networks is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that
we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical
responsibilities.
Failure to follow any term or condition will be grounds for immediate account deactivation without notice. Subtrex Networks will be the sole
arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding
abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact our abuse department at http://www.subtrex.net/helpdesk.php
Illegal Usage
Subtrex Networks servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in
violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret
or other intellectual property right used without proper authorization, prescription drug sales, and material that is obscene, defamatory,
constitutes an illegal threat, or violates export control laws or the laws of the state of Florida. Examples of non-acceptable content or links:
Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to Subtrex Networks service agrees to indemnify and
hold harmless Subtrex Networks from any claims resulting from the use of the service that damages the subscriber or any other party.
No online pharmacies are allowed on our network.
Subtrex Networks will be the sole arbiter as to what constitutes a violation of this provision.
Adult Content
Legal Adult Content is allowed
Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to
the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with
service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast
attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Server Resources
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given
an option of either paying extra for a dedicated server / semi-dedicated server (which depends on the resource needed) or reducing the resource
used to an acceptable level. Subtrex Networks shall be the sole arbiter of what is considered to be a high server usage level.
Chat Rooms
Subtrex Networks does not provide nor allow chat room's On shared hosting environments. You may elect for a Dedicated Server to Run a chat room
efficiently
Background Running Programs
Subtrex Networks does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal
server operation.
IRC
Subtrex Networks does not allow IRC server, IRC bots, or IRC shells to be operated on our servers.
Backups
Subtrex Networks performs daily backups on all servers to ensure critical files are never lost. However Subtrex Networks is NOT responsible for
lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for redundancy.
Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The
client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by
a third party (such as the usage of Free For All links pages). Use of Subtrex Networks's service requires a certain level of knowledge in the use
of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web
space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents,
FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and
FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C Shell scripts,
permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to
create and maintain their web space. Client agrees that it is not the responsibility of Subtrex Networks to provide this knowledge or support
outside matter specific to Subtrex Networks servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a Subtrex Networks server or using an email address that is maintained on a
Subtrex Networks machine is STRICTLY prohibited. Subtrex Networks will be the sole arbiter as to what constitutes a violation of this provision.
If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Subtrex Networks
server as a mail drop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate
suspension. See our NO SPAM Policy for more details.
Server abuse
Any attempts to undermine or cause harm to a Subtrex Networks server or customer of Subtrex Networks is strictly prohibited.
Any sub-networks of Subtrex Networks and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above
guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
Software Distribution
Subtrex Networks's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish
to distribute software and/or multimedia files, please contact sales @ subtrex.net for special arrangement.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Subtrex Networks Web Hosting accounts are not to be used for the purposes of
distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of
its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.
Domain Names
Subtrex Networks will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for
renewing their domain names. Subtrex Networks does not take responsibility for failing to renew domain names. If your domain name was registered
via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless
specifically asked for by sending a ticket to our helpdesk.
Actions Taken by Subtrex Networks
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Subtrex Networks will be the sole
arbiter as to what constitutes a violation of the AUP. Subtrex Networks reserves the right to remove any account without prior notice.
When Subtrex Networks becomes aware of an alleged violation of its AUP, Subtrex Networks will initiate an investigation. During the investigation,
Subtrex Networks may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the
violation, Subtrex Networks may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other
civil remedies. If such violation is a criminal offense, Subtrex Networks will notify the appropriate law enforcement authorities of such
violation.
Subtrex Networks does not issue credits for outages incurred through service disablement resulting from AUP violations.
Subtrex Networks customers agree to indemnify and hold harmless Subtrex Networks from any claims resulting from the use of our services that
damages them or any other party. The Subtrex Networks service is provided on an as is, as available basis without warranties of any kind, either
express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Subtrex
Networks expressly disclaims any representation or warranty that the Subtrex Networks service will be error-free, secure or uninterrupted. No oral
advice or written information given by Subtrex Networks, its employees, licensors or the like, will create a warranty; nor may you rely on any
such information or advice. Subtrex Networks and its partners and suppliers will not be liable for any cost or damage arising either directly or
indirectly from any transaction or use of the service.
Modification
Subtrex Networks reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
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