Terms of Service

The use of services from Cirtex Corp [hereafter referred to as "CirtexHosting"] constitutes agreement to these terms. You may view our Privacy Policy here.

1. Account Setup

   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 which is not @ 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.

2. Content

   All services provided by CirtexHosting.com may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless CirtexHosting.com from any claims resulting from the use of our services.

   Examples of unacceptable material:

   • Scam Sites (ex: Ebay/Paypal,CC/Password Scam sites)
   • Mailbombers or any sort of spam sites
   • IRC Bots
   • Warez Sites
   • Hate Sites
   • Roms / Emulators
   • Pirated Software
   • Proxies
   • Hack programs and archives
   • Malicious Scripts
3. 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.

   CirtexHosting.com 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. CirtexHosting.com also reserves the right to make any such modifications in an emergency at our sole discretion.

   CirtexHosting.com 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 CirtexHosting.com. All rights reserved.

4. Payment Information

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

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

5. Backups and Data Loss

   Your use of the service is at your sole risk. CirtexHosting.com 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 CirtexHosting.com servers.

6. Cancellation and Refunds

   CirtexHosting.com reserves the right to cancel the account at any time.

   Payment made for domain registration and dedicated servers will not be refunded, domain name can be transferred to client.

   Customers may cancel at any time. CirtexHosting.com gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller hosting. Refund requests after 30 days will be refunded on a prorated basis of any unused time. Payment made for domain registration will not be refunded, domain name can be transferred to client.

   Accounts cancelled/terminated by CirtexHosting.com do not qualify for the 30 day money back guarantee. This also includes accounts suspended for TOS violations, in which the customer decides not to fix the violation. 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.

   Free Domains are available for the first year of the Hosting Package. If a customer cancels at anytime CirtexHosting will require full payment for the cost of the domain of the first year to retain ownership of the domain. Any refund requests will automatically minus the cost of the free domain.

7. Resource Usage

   Users may not initiate the following: (Suspensions for these may be made WITHOUT prior notice

   1. Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time. This is purely at the system administrators descretion. Resellers users cannot run any process that requires more than 10% of all available system resources at any time.
   2. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
   3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
   4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
   5. Run any bittorrent application, tracker, or client.
   6. Participate in any file-sharing/peer-to-peer activities
8. Bandwidth & Disk 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. Unused transfer in one month cannot be carried over to the next month. Unlimited bandwidth use applies to your use of web pages only (html, php, etc.), not for media files, movies, pictures, audio or other large files.

   With regards to disk storage & bandwidth usage on CirtexHosting Shared Hosting services, a Fair Use policy will apply. If the contents of your Space regularly utilize excessive storage space and generate more server traffic than is deemed acceptable by CirtexHosting, to the detriment of other CirtexHosting customers, CirtexHosting shall request that you remove the contents or upgrade to a more suitable package. Unlimited Storage use applies to your use of web pages only (html, php, etc.), not for media files, movies, pictures, audio or other large files.

9. Price Change

   CirtexHosting.com reserve the right to change prices listed on CirtexHosting.com, and the right to change the amount of resources given to plans at any time. Contract pricing customers will not be affected by any price change throughout the contract period. The amount you pay for hosting will never increase from the date of purchase.

10. Indemnification

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

11. Uptime Guarantee

    CirtexHosting strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by CirtexHosting monitoring systems or CirtexHosting authorized/contracted outside monitoring services. If CirtexHosting fails to meet it's 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. CirtexHosting does not credit a full month's service for minor downtime. This would not be financially healthy for CirtexHosting, and in turn would only negatively affect the service level CirtexHosting provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, CirtexHosting may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one months service only, never more.

    Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the CirtexHosting network caused by or associated with:

    • Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
    • Telco Failure (ie...Verizon™ cutting a fiber line somewhere)
    • Backbone peering point issues (ie...UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
    • Scheduled maintenance for hardware/software upgrades
    • Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). CirtexHosting utilizes only name brand hardware of the highest quality and performance.
    • Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)
    • DNS issues not within the direct control of CirtexHosting
    • Network floods, hacks, attacks from outside parties or individuals
    • Failure or error of any CirtexHosting monitoring or measurement system
    • Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of CirtexHosting service(s) in breach of CirtexHosting Policy and Service Guidelines (AUP), by Client or others authorized by Client.
12. Disclaimer

    CirtexHosting.com will not be responsible for any damages your business may suffer. CirtexHosting.com makes no warranties of any kind, expressed or implied for services we provide. CirtexHosting.com 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 CirtexHosting.com and its employees.

13. Changes to the TOS

    CirtexHosting.com reserves the right to revise its policies at anytime without notice.