Your purchase of services from Hostrax constitute a mutually binding contract.  The use of services from Hostrax.com, LLC [hereafter referred to as "Hostrax"] constitutes agreement to the terms.

1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address that is not based on the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. 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. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers
You are responsible for transfers of files and data from another server. We may offer a paid transfer service on a case-by-case basis while we reserve the right to decline to do so in situations where we have concerns about the success of the transfer. In case where we accept the assignment to make the transfer, our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

2.) Content
All services provided by Hostrax may only be used for lawful purposes. The laws of the State of New Jersey, the State of Texas, and the United States of America apply.

The customer agrees to indemnify and hold harmless Hostrax from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This 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 immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please visit our legal page for DMCA information.

Examples of unacceptable material include: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities

We reserve the right to refuse service to anyone. Any material that, in our judgment, violates our acceptable content policy is prohibited and will be removed from our servers without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket / email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please support at abuse@Hostrax.com and we will assist you.

Any site found to host child pornography or linking to illegal content will be suspended immediately without notice.

Resellers: If any sites for which you are responsibility fall afoul of the above, we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Content that appears to violate laws will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method.  Users are ultimately responsible for all actions taken under their accounts. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any account that sends out spam will be  terminated with or without notice. Please read http://www.Hostrax.com/mailpolicy.html for our email policy.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account that results in our IP space being blacklisted will be immediately suspended and/or terminated.

Hostrax reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Hostrax reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Hostrax.

4.) Payment Information
You agree to supply timely and appropriate payment for the services received from Hostrax, in advance of the time period during which such services are provided. You agree that until and unless you notify Hostrax of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via your Account Manager we have provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please support immediately.

As a client of Hostrax, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. Hostrax provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. If your account is closed for lack of timely payment, and you do not have your own backup from which to restore your files, there will be a $100 fee to restore your site from our backup. Note: in the event of termination for lack of timely payment, we are under no obligation to maintain backups and even if we charge a fee for restoring whatever we may have, we are not responsible for the completeness or usability of the material restored from the backups.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@Hostrax.com

Hostrax reserves the right to change the monthly payment amount and any other charges at anytime but we will make a sincere effort at advance notice to give you an opportunity to exercise alternative options such as moving your service.

5.) Backups and Data Loss
Your use of the service is at your sole risk. Hostrax is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Hostrax servers.

6.) Cancellations and Refunds
Hostrax reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services. In plain words, we will be professional and polite in communicating with you and we appreciate the same from you.

Customers may cancel at any time via the Account Manager. If you have recurring payments they will cease before the next billing cycle. If you paid annually to earn a discount, Hostrax gives you an unconditional 30 day money-back guarantee prorated on the unused months calculated after the end of the current month. All discounts, incentives or promotions accepted in return for an annual commitment will be reversed prior to calculating the unused portion subject to return. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.

f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

h) Run cron entries with intervals of less than 15 minutes.

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

7b.) INODES
The use of more then 50,000 INODES will result in account suspension. Accounts found exceeding 50,000 INODES will not be backed up on our backup servers. A INODE is the actual file or directory and not the size of that file or directory. For example your index.html file is 1 INODE. A directory called homework is counted as 1 INODE as well.

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on which hosting package you purchase. Should your account exceed the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge your account an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9a.) Money back Guarantee
On dedicated servers and co-location the 30 day money back guarantee on annually prepaid hosting packages does not apply. We reserve the right to refund a prorated amount or no refund at all for any other types of accounts.

Each of Hostrax's managed shared and reseller servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime and if that downtime is due to services under our control and not due to the actions of third parties or to your own actions, including malicious attacks, software you have installed or the use of your own account access codes, you may receive one month of credit on your account. Approval of the credit is at the discretion of Hostrax dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact sales@Hostrax.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

10.) Reseller: Client Responsibility
Resellers are responsible for providing tech support support to  their clients. Hostrax does not provide support to Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume responsibility for the client. All support requests must be made by the reseller on clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under the reseller account and the actions of their clients. Hostrax will hold a reseller responsible for any of its client's actions that violate the law or the terms of service.

11.) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semidedicated servers are not backed up. You must maintain your own backups.

12.) Dedicated Servers
Hostrax reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for the dedicated server on file to prevent downtime from forced password resets. Hostrax reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@Hostrax.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13.) Price Change
We reserve the right to change prices listed on Hostrax.com, and the right to change the amount of resources available to plans at any time.

14a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Hostrax harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Hostrax, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Hostrax against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Hostrax; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective or illegal products or services sold from Hostrax's server.

14b.) Arbitration
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules [including the Optional Rules for Emergency Measures of Protection], and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction therefof.

15.) Disclaimer
Hostrax shall not be responsible for any damages your business may suffer. Hostrax makes no warranties of any kind, expressed or implied for services we provide. Hostrax disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery and any service interruptions caused by Hostrax and its employees.

16.) Disclosure to law enforcement
Hostrax may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

17.) DMCA Compliance
Hostrax will comply fully with the provisions of the Digital Millennium Copyright Act. If you believe you have a claim of violation of a copyright that you hold or are authorized to represent a copyright holder whom you believe has a claim of copyright violation, please click here for information on how to proceed.

18.) Changes to the TOS
Hostrax reserves the right to revise its policies at any time without notice.