Definitions

For the purposes of these Terms and Conditions:

      • Country refers to: Country of server location.
      • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to itoxray
      • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
      • Service refers to the Website.
      • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
      • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
      • Website refers to itoxray, accessible from https://www.itoxray.com
      • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Termination

    • itoxray reserves the right to cancel, suspend or terminate any service (subscription) provided with or without a refund or notice or warning for any reason.
    • itoxray also reserves the right to change and modify the Terms of Agreement at any time with or without client notification. It is up to the client to periodically check and familiarise themselves with the recent Terms of Service. If any client does not comply with the new Terms of Service modifications, their service will be terminated.

Service Payment

    • All payment invoices are generated 7 days before payment is due. Failure to pay before the due date will result in suspended service until payment is received. Late payments are subject to a 10% late fee. After 7 days of non-payment from the due date, the service will be terminated and itoxray will not be responsible for any data loss due to termination.

Refunds And Cancellation

    • itoxray only provides a 24 hour refund period for the first ordered service for the first billing period e.g. 1 month for monthly or 3 months for quarterly, from the invoice payment date, of a client using our Regular Program, Web Hosting, VPS or Other Services. Orders with any promo codes or participating promotions are not eligible. itoxray reserves the right to deny refunds for their services with or without reason, regardless of the Service Refunds and Cancellation Guidelines if the user does not follow the Acceptable Use Policy or request e.g. a lot of support prior to requesting a refund or abuse such as spam. Refunds only apply for New Users/Accounts. Existing users with one or more previous subscriptions are eligible for no refunds. Chargebacks/Disputes will be treated as fraud resulting in the service being suspended/terminated and all right to a refund void, even if within 48 hours of purchase. Payment gateway fees are deducted from all refunds, this is typically £0.80 and up to 6% of the total payment. All refunds must be requested via a billing ticket, requests made via any other method are not valid.

Guidelines

    • Client agrees that they are fully liable for recurring payment, and therefore renewal, of all services purchased until a cancellation request is issued by them in the billing panel (https://client.itoxray.com/clientarea/services-> click Billing -> Request Cancellation), leaving an invoice unpaid past the due date does not remove this liability.By subscribing to our service the client agrees that they are over 18 and own the Paypal account or debit/credit card being used for payment or they have permission from the account/card owner. The client also agrees that if they select ‘subscribe’ on the invoice when paying with Paypal that payment will be taken automatically by Paypal when a new invoice is generated. If the client pays via our debit/credit card option then payment will be taken automatically on the due date if the client has not already paid their pending invoice until a cancellation request is issued.

SLA

    • itoxray does not guarantee 99.9% uptime however this is what we aim for. In the event that uptime is below 99.9%, SLA credit can be requested equal to one day’s usage for every hour of outage, not to exceed one month’s recurring charge of the affected service, given in the form of account credit only. We must be contacted via billing support ticket within 7 days of the downtime for a SLA credit claim to be valid. We reserve the right to deny a SLA credit claim at any time for any reason. itoxray will not be liable to a client for damages or losses in any situation.

Network Performance

    • itoxray makes every effort to ensure the network is optimised as much as possible however cannot guarantee performance for any country or network route.

Server File Backups

    • itoxray does not take backups of all services offered therefore clients are responsible for their own data management. We are not responsible for any data loss resulting from a client failing to backup their files to an external file server.

Client Server Sharing / File Responsibility

    • itoxray serves an environment with the sole purpose of providing hosting services and will not be held responsible for a client sharing his or her account (with admins/sub-users) or files stored on the said account. In the event where shared accounts with other users (admins/sub-users) become malicious to the client (due to conflicting interest, etc.), itoxray is not responsible for this action. Furthermore, all files stored on a client’s server (except for the files that come standard) are also his or her responsibility and holds no merit with itoxray. Any files which are copyright and used or uploaded by the client are also the client’s responsibility.

Acceptable Use Policy

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  • All Services
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    • The client agrees to not to attempt to modify the products or services as purchased from the original specifications. Spamming of the ticket system will not be tolerated and may result in service termination, allow up to 24 hours for responses.
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  • Dedicated Server/VPS/Colocation
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      Not allowed:
        • Illegal adult content in the US and UK
        • Spamming/Mass mailing (Outbound SMTP is rate limited to 60 emails per second on VPS only)
        • Phishing
        • Port scanning
        • Sneaker/shoe proxies/bots
        • Social media proxies/bots
        • Malware (Viruses/Driveby’s/etc)
        • Booters (including web front ends)
        • Traffic exchange (VPS only)
        • Crypto mining (VPS only)
        • TOR exit node
        • Material protected by a copyright or other intellectual property rights without proper authorisation
        • Anything illegal in the US,UK,SG,JP
        • Resource usage including CPU, I/O and Network that negatively affects other clients on the server (VPS only)
      Disobeying the above “not allowed” list may result in service suspension or termination, with or without warning.
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  • Abuse Complaints
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    • If we receive an abuse complaint, including DMCA/copyright notices, then we will forward it onto the client. We will allow up to 24 hours for a reply with a resolution, if we do not receive a reply in this time then the network port of the service will be suspended pending a resolution. A resolution is classed as an act that stops the abuse from reoccurring. If the abuse continues on an ongoing basis then we are permitted to terminate the service involved.
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  • Dedicated Server Bandwidth usage
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    • Once a dedicated server reaches 110% usage of its allocated bandwidth, we will suspend the network port and contact the client again to work out a bandwidth upgrade. We are not responsible for notifying the client if they are close to or have exceeded the allocated bandwidth limit. We monitor bandwidth usage, our bandwidth measurement is final.
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  • VPS Bandwidth usage
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    • Once the client’s VPS has reached 100% usage of its allocated bandwidth, services will be suspended until the start of the next billing period. Our network ports are fair share meaning you cannot use a full network inbound, outbound, or pps over 50,000 for a sustained period of time e.g. 10 minutes. If we find a client abusing this policy resulting in disruption to our network, they will be suspended and warned.
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  • VPS CPU usage
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    • A VPS must not use more than 80% of the allocated cores for more than 1 hour. E.g. if the client’s VPS has 3 cores, they must not use more than 240% CPU for more than 1 hour at a time. There must be a break of at least 2 hours in between the 1 hour period. If the CPU usage is disruptive then we reserve the right to shutdown or suspend the VPS.
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  • DDoS Protection guarantees
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    • Our servers do not have any DDoS service guarantee by default. If a strong DDoS attack is encountered, then the service will be suspended and a warning will be issued. If DDos attacks are encountered multiple times, it may lead to service termination.
 
  • Colocation
 
    • itoxray reserves the right to not return customer equipment until all outstanding invoices have been paid in full. If outstanding invoices are not paid then itoxray reserves the right to discard or sell the equipment. The client is responsible for paying all shipping costs which are associated with the return of the equipment including a mandatory $100 charge for de-racking and boxing of the server excluding shipping cost.
    • Basic remote hands is included free of charge, this includes: hotswap drive swap, hotswap PSU swap, button presses, KVM access, read-outs. Advanced remote hands is charged at $165/h, some tasks are charged a flat rate e.g. RAM add/remove/re-seat or internal storage modifications is charged at $35.

Multilingual Translation Controversy

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    • Our services may be translated into multiple languages, and some discrepancies may occur due to the uncertainty of AI translation. In case of disputes caused by translation, itoxray interpretation shall prevail.

Contact Us

 

    • If you have any questions about these Terms and Conditions, You can contact us By email: [email protected]


יום שישי, אוקטובר 1, 2021

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