Hexner Terms and Conditions of Use

1. Terms of Service

Hexner provides worldwide services. Hexner reserves the right to suspend or cancel a customer’s access to any or all services provided by Hexner at any time without notice or reason. Hexner also reserves the right to cancel or suspend a customer’s account if they breach this Hosting Acceptable Use Policy (HAUP).

2. Account-Holder Identification Information

You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Hexner with a current and truthful name, postal address, email address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us or our payment partner(s), and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

Hexner reserves the right to refuse service to anyone without notice or reason.

3. Intellectual Rights

Other than the content you own, under these Terms, Hexner. and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

4. Sharing or Reselling of account

You are the individual solely responsible for all use of the account, whether someone you have given access to the account causes damage or not. You understand this includes but is not limited to; breach of the hosting account due to negligence on your part.

5. Account Setup

We will set up your account and/or services after we have received payment and we and/or our payment partner(s) 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) you are signing up under.

6. Warranties / Refunds

Hexner makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Hexner or its agents or employees shall create a warranty. Hexner provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Hexner be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. The server contract length is one month (month to month). Refunds will be provided in the event that we are unable to provide the server with the specifications ordered during the checkout process. In the event that the service/server is not faulty, and the client wishes to cancel their service, they may do so by contacting support or by simply ignoring the invoice. The service will be suspended and terminated automatically if the invoice remains unpaid. Refunds are not guaranteed to be issued as a result of the client being unable to set up, configure, maintain, or use third party software that they choose to run on the server.

7. Resource Usage

Users may not initiate the following:

• Denial of Service Activity - This includes initiating or otherwise using the servers network resources to engage in malicious activity. (I)
• Bitcoin mining, or any other applications designed to use 100% of available CPU power. (II)
• Network scanning/Port scanning (III)

Any form of resource usage abuse will result in the immediate suspension of your service.

8. Account Use

Hexner does not allow any of the following on our infrastructure:

• Illegal Material – This includes copyrighted works (DMCA), commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. (I)
• Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material. (II)
• Software associated with malicious activities - IRC egg drops, crypters, RATs, mail bombers, anonymous mailers, hivemail, telnet or SSH access scripts, NPH-Proxy, scanners, UBB, LSTMRGE.CGI, PHPSHELL, FORMMAIL.CGI, FORMMAIL.PL. (III)
• Other Material – Any material we feel to be abusive, effect or could effect the operation of the service and/or effect other Internet users. The designation of “abusive” is left entirely to the discretion of Hexner. All rights reserved. (IV)

Hexner does allow the following on our infrastructure:

• Torrents in general are allowed, as we encourage the use of sharing and mirroring open-source projects, such as Linux. DMCA-protected material should not be on our infrastructure and repeat offenders will have their services terminated. (V)(IV)
• Tor is permitted on our infrastructure, though we prefer relay versus exit nodes. Exit nodes must be restricted to not permit traffic on commonly abused ports that have no business on Tor, including but not limited to ports 21 (FTP), 22 (SSH), 23 (Telnet), 25 (SMTP), 110 (POP3), 111 (RPCBIND), 135-139 (MSRPC and Netbios), 143 (IMAP), 161 (SNMP), 194 (IRC), 445 (MS-DS), 465 (SMTP), 520 (RIP), 563 (NNTPS), 587 (SMTP), 993 (IMAPS), 994 (IRCS), 995 (POP3S), 3128 (Squid Proxy), 3306 (MYSQL), 3389 (MS-RDP), 5900 (VNC), 6660-6669 (IRC), 6679 (IRCS), 6697 (IRCS), 8000 (Internet Radio), and 9999 (Urchin). (VI)

9. Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice.

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

Hexner 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 left entirely to the discretion of Hexner. All rights reserved.

10. Mass-mailing lists

No account hosted on Hexner servers may send in excess of one-hundred (100) emails per ten (10) minutes or one thousand (1000) emails per twenty-four (24) hours. Any account found in violation of this policy will be immediately suspended.

11. Payment Information

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

Hexner reserves the right to change the monthly payment amount and any other charges at anytime.

12. Backups and Data Loss

Your use of the service is at your sole risk. Hexner is not responsible for files and 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 Hexner servers.

13. Cancellations

Hexner reserves the right to cancel the account at any time.

14. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This 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 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 you an additional fee for the overages. Most packages include unlimited fair-use bandwidth.

15. Indemnification

Customer agrees that it shall defend, indemnify, save and hold Hexner harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Hexner, 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 Hexner against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Hexner’ server; (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 products sold to customer from Hexner server.

16. Disclaimer

Hexner will not be responsible for any damages your business may suffer. Hexner makes no warranties of any kind, expressed or implied for services we provide. Hexner 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 and all service interruptions caused by Hexner and its employees.

The information contained in this website is for general information purposes only. The information is provided by Hexner and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Hexner. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Hexner takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

17. Changes to the Terms of Service

Hexner reserves the right to revise its policies at any time without notice.