By utilizing the Voxxit Hosting service (hereinafter referred to as the "Service") in any way you (hereinafter referred to as the "Customer") are agreeing to comply with these terms, which we may update without notice and encourage you to examine here at any time. The terms and conditions set forth herein constitute the full and complete agreement between you and Voxxit, LLC (hereinafter referred to as "Voxxit"). Your agreement to be bound by these terms is acknowledged by your use of the Voxxit Web Site, Hosting Services, Support Services and/or any Voxxit software made available to you. The terms contained herein supercede and replace any other agreement or negotiation between you and Voxxit whether oral, written or otherwise including any statements made by any representative of Voxxit at any time.
1.1 Fees. Voxxit charges the following fees where applicable. All such fees are subject to change.
1.2 Promotional Rates. Voxxit reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which Customer entered this agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party. Voxxit also reserves the right to change the rate charged for any such fee under this agreement with thirty (30) days notice.
1.3 Miscellaneous Fees. Voxxit may charge a periodic service fee which in some cases may be refundable as further set forth elsewhere herein. According to the services Customer orders from Voxxit, Voxxit may also charge the Customer for non-refundable Domain Registration Fees and specifically reserves the right to institute additional charges upon notice to you. Voxxit also reserves the right to alter, change, amend or delete charges at its sole option. Voxxit further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
1.4 Payment of Fees. All charges are shown in US Dollars. Payments are to be made in US Dollars. Voxxit accepts the following types of payment:
All payments are due by the Due Date. The Due Date is the monthly, quarterly, semi-annual or annual anniversary of the date the account was activated, depending on the payment term you selected when ordering your account. If you provide Voxxit your credit card information, you authorize Voxxit to automatically charge your credit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Voxxit's Terms of Service Agreement. You are responsible for directly updating, or notifying Voxxit, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Due Date.
Accounts that are fifteen (15) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, Customer will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
1.5 Account Renewal. In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Payment Term. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same payment term. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
1.6 Payment Term. Voxxit offers four Payment Terms for hosting charges: Monthly, Quarterly (3 months), Semi-Annually (6 months) and Annually (12 months). The Payment Term begins on the Plan Activation Date. You may elect to change your Payment Term at any time; however, the new Payment Term will only take effect at the time of the next plan renewal.
1.7 Cancellations. Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact Voxxit's Billing Department, Monday through Friday, 9:00 A.M. to 5:00 P.M. Eastern Time, at 1-877-312-9550. A Voxxit representative will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Non-US customers may contact Voxxit's Billing Department via our direct international line (1-617-507-1911) or via e-mail at billing@voxxit.net.
Cancellation requests must be received by Voxxit a minimum of ten (10) days prior to the end of your Payment Term for all hosting plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Voxxit. Voxxit is unable to cancel your account effective for a future date. Voxxit will confirm the cancellation request when it is processed via e-mail. If you do not receive a confirmation, please contact Voxxit as soon as possible.
Voxxit does not monitor, and will not automatically cancel, plans for problems related to domain name transfers or expiration, non-usage, your ISP, or any other secondary issues not directly related to Voxxit's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Voxxit reserves the right to cancel any account, at any time, without notice, for any reason Voxxit considers appropriate.
1.8 30-Day Money Back Guarantee. Each of Voxxit's shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first thirty (30) days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30-Day Money Back Guarantee: additional items and services; domain name registration; and overage fees.
1.9 Refund Policy. Refunds are only available in accordance with the 30-Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after thirty (30) days.
1.10 Credit Card Chargebacks. Voxxit has a zero-tolerance policy for chargebacks or credit card disputes. Any Customer who disputes a credit card payment is subject to a fine, suspension and account termination at Voxxit's discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
1.11 Price Changes. Voxxit's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
For the term of the agreement as set forth herein Voxxit agrees to provide Web Hosting Services according the plan selected by you upon activation of your account. Voxxit reserves the right to change, amend and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Voxxit website at the time you create your account and remain in effect throughout the term of your agreement. The specifics of all current offers are located within the Voxxit Website located at www.voxxit.net. Web Hosting Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.
2.1 Domain Registration. At Customer's request, Voxxit may also acquire a Second-Level Domain Name ("Domain Name"), on behalf of Customer. Voxxit will not own or otherwise control any domain name registered on your behalf under this paragraph. Voxxit provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against Voxxit for any and all damages, losses, claims or expenses arising our or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by Voxxit to obtain and/or maintain the Domain Name on your behalf shall be charged to you by Voxxit under the provision therefore elsewhere herein.
2.2 Other Services. Voxxit offers a listing of additional services in conjunction with it's Domain Registration and Web Hosting Services. The terms of these services are governed by this agreement. The details of these services are as indicated within the Voxxit website located at www.voxxit.net.
2.3 Private Registration Service. Upon requesting the Voxxit Private Registration Service you agree to be bound by the terms of the Voxxit Private Registration Policy which may be found on the Voxxit Website located at www.voxxit.net. The terms of Private Registration Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your registration information in full compliance with this agreement and the terms of the Private Registration Policy. Failure to so comply is cause for immediate suspension and/or termination under paragraph (7) herein.
Voxxit enforces strict compliance with its Acceptable Use Policy. You agree to maintain your website in full compliance with the terms set forth below and their spirit. Failure to comply is cause for immediate suspension and/or termination of your account at the sole option of Voxxit.
3.1 System and Network Resource Usage. Voxxit's servers and networks are carefully maintained to provide optimum performance for certain types of usage; specifically, serving content on the Internet. Customers are expected to operate their accounts in such a manner as to maintain system and network performance and stability. Voxxit monitors its servers and networks carefully, and failure to comply with the following restrictions could result in the termination of service and fees assessed against your account:
Voxxit reserves the right to remove access to any service or feature that it feels is being abused, even if through negligence or ignorance, by the Customer.
3.2 System and Network Security. Violations of system or network security provisions are strictly prohibited, and may result in criminal and civil liability. Voxxit thoroughly investigates all incidents involving such violations, and will cooperate with law enforcement if criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
3.3 Spamming. Voxxit has a zero-tolerance policy on SPAM, Junk E-mail or UCE. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Voxxit's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP and referencing in the spam a Web site hosted on a Voxxit server, and selling or distributing software (on a Web site residing on a Voxxit server) that facilitates spamming. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Voxxit whether or not the message actually originated from our servers. Violators will be assessed a minimum fine of $200 and will face immediate suspension. Voxxit reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
3.4 Illegal Use. Voxxit 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, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
3.5 Customer Security Obligation. Each Customer must use reasonable care in keeping software they run on the Voxxit's servers up-to-date and patched with the latest security updates. Failure to use reasonable care to protect your account may result in a security compromise by outside sources. A compromised server creating network interference will result in immediate Customer notification and will be disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due to breached server security. The Customer is solely responsible for any breaches of security under Customer control affecting servers. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer's server or other servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as Emergency Security Breach Recovery and is currently charged at $300 USD per hour.
3.6 Software Distribution. Voxxit's Web Hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@voxxit.net to make special arrangements.
3.7 Multimedia Files. Multimedia files are defined as any graphics, audio, and video files. Voxxit Web Hosting accounts are not to be used for the sole purpose of distributing and/or storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.
3.8 IP Allocation. Voxxit Web Hosting Customers shall not use IP addresses that were not assigned to them by Voxxit. Any account utilizing IP addresses outside of those assigned to it will be suspended from network access until such time as the IP addresses overlap can be corrected. Use of an unauthorized IP address will result in a charge of $25 per IP. Use of an unauthorized IP address creating a third party Customer outage will result in a $500 charge and termination of service until the IP allocation is resolved.
3.9 Child Pornography. Voxxit will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Voxxit, pursuant to the terms and conditions set forth herein, hereby grants you a non-exclusive, limited, personal, license to use the Voxxit Web Hosting Service for the term of the agreement as set forth herein.
5.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of Voxxit including but not limited to the Voxxit customer service and maintenance tools. You acknowledge that all right and title to any such Voxxit intellectual property shall remain the sole property of Voxxit and that you have no right, title or interest therein. You further agree not to provide access to the Voxxit services to any third party. You agree yourself and not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Voxxit Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Voxxit service shall also remain the sole property of Voxxit.
5.2 During the term of this agreement you may have access to certain information and materials relating to the Voxxit business, customers, software technology and marketing which Voxxit treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of Voxxit; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
The initial term of this agreement shall be the period selected by you at the commencement of your account. Periodic accounts (monthly, annual) are automatically renewed and are charged in the same manner you selected at the commencement of your account. Any Additional services are renewed for the same period as the corresponding hosting service. A listing of the presently available plans is available on the Voxxit Website located at www.voxxit.net.
The failure by a Customer to meet or follow any of the Service Agreement is grounds for account suspension and/or termination. Voxxit will be the sole arbiter as to what constitutes a violation of the Service Agreement. Voxxit reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Voxxit becomes aware of an alleged violation of its Service Agreement, Voxxit will initiate an investigation. During the investigation, Voxxit may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Voxxit 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, Voxxit will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the Service Agreement if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Voxxit does not issue credits or refunds for outages incurred through service disablement resulting from Service Agreement violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Voxxit.
Except where Voxxit has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Voxxit is in no way responsible, for the backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Voxxit services.
9.1 You hereby consent and agree that as to any information which Voxxit may collect from you and/or maintain with respect to you, including but not limited to your account information, dates of service, billing address, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from Voxxit concerning you or your account, or other information which in Voxxit sole judgment is reasonable, Voxxit may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of Voxxit and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3), and/or compliance with the Voxxit Terms of Service or other policies.
9.2 During and after the term of this agreement you agree to receive periodic emails from Voxxit in regards to Voxxit or partner products, services, your account, and system conditions, changes, updates or and schedules.
9.3 You agree to provide and at all times during the term of this agreement maintain true and accurate account information on file with Voxxit specifically including your Name, Address, E-mail address, telephone number, billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your account to suspension and/or termination as set forth in paragraph eight (7) herein.
Voxxit customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the Service Agreement in order for the Minor to become a Voxxit customer. A parent or guardian who accepts the Service Agreement on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the Service Agreement, including the timely and full payment of the charges for Voxxit services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Voxxit's express written consent to the contrary. Any acceptance of the Service Agreement or any other agreement for Voxxit's services will be deemed null and void to the extent that Voxxit will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Voxxit's services.
By utilizing the Service in any way you agree to comply with these terms, which Voxxit may update without notice and encourage you to examine here at any time.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VOXXIT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VOXXIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE VOXXIT SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM VOXXIT SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON VOXXIT SERVICES; OR (v) ANY OTHER MATTER RELATING TO VOXXIT SERVICES.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 12 AND 13 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that, except as otherwise expressly provided in this Service Agreement, there shall be no third party beneficiaries to the Service Agreement.
16.1 You agree to fully defend and indemnify and hold harmless Voxxit of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Voxxit in any way related to your use of the Voxxit service or any portion thereof.
16.2 You agree to fully defend and indemnify and hold harmless Voxxit of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Voxxit service or any portion thereof. Choice of counsel remains exclusively that of Voxxit.
16.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless Voxxit of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of Voxxit.
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
Software available in connection with the Voxxit services is subject to United States export controls. No Software may be downloaded from Voxxit or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the any downloaded Software or software component is at your sole risk.
Any mention of non-Voxxit products by Voxxit, its employees, or any third party entity related to Voxxit is for information purposes only and does not constitute an endorsement or recommendation by Voxxit. Voxxit disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Voxxit products or services.
Customers may not assign or delegate their rights or obligations under the Service Agreement or other agreement for Voxxit's services, either in whole or in part, without the prior written consent of Voxxit.
The Service Agreement, and any other agreement for Voxxit services, will be governed by and construed in accordance with the laws of the State of Florida, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Voxxit will take place in Florida, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the Service Agreement or other Voxxit agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the Service Agreement or the agreement will continue in full force and effect.
Voxxit may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Voxxit web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.
Notwithstanding any other provision of this agreement, Voxxit is not your agent, partner or joint venturer in any respect.
The Service Agreement, and/or any other specific agreement for Voxxit services, constitutes the complete understanding and agreement between Voxxit and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Voxxit, the Service Agreement supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This Service Agreement, and/or any other specific agreement for Voxxit services is between Voxxit and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Voxxit.
Please contact Voxxit with any questions or concerns:
Voxxit, LLC
ATTN: Legal Department
7421 NW 14th Street
Plantation, FL 33313
Phone: +1-954-697-1540
Fax: +1-877-847-6537
E-mail: legal@voxxit.net