Terms Of Service

CodeXvalley provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available.

All clients of CodeXvalley are subject to the following terms of service

Indemnification Policy

You agree to use all CodeXvalley services and facilities at your own risk. CodeXvalley specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall CodeXvalley be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential, or other damages. Customer agrees that it shall defend, indemnify, save and hold CodeXvalley harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees, asserted against CodeXvalley, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify, and hold harmless CodeXvalley against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with CodeXvalley’s server.

CodeXvalley reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from CodeXvalley’s server. CodeXvalley shall be the sole judge of what violates this Policy.

Billing

At this time we bill monthly, quarterly, semi-annually, and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied, and the Domain Name registration fee is nonrefundable).

We accept Visa, Master Card, American Express, Discover Card. For web hosting plans, we will set up your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Late Payments

All accounts are billed according to the dates they were first activated on. If you will not pay for service renew within 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.

Acceptable Use Policy

All services provided by CodeXvalley may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to copyrighted material, the material we judge to be threatening or obscene, or material protected by trade secret and another statute. The subscriber agrees to indemnify and hold harmless CodeXvalley and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all CodeXvalley servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company’s liability for its own negligence may not, in any event, exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss, or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. The content relating to Hacking, Cracking, Warez, and IRC is not allowed. Software, audio, and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

Using the Service in a manner intended to abuse or sending an unsolicited bulk e-mail (spamming) will subject to suspension or termination of service and the fees which will result from such activity. You agree to pay a cleanup fee of $50 as a result of spam from your account.

Banned Scripts

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

  • IRC egg drops
  • Proxy servers
  • Mail bombers
  • Anonymous mailers
  • IP spoofers
  • Port scanners
  • Hivemail
  • Telnet or SSH Access Scripts
  • nph-proxy (and other scripts what operates like a proxy)
  • UBB (Ultimate Bulletin Board, all versions)
  • lstmrge.cgi
  • phpShell
  • FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed.

Limitation Of Liability

CodeXvalley shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from CodeXvalley servers going off-line or being unavailable for any reason whatsoever. Furthermore, CodeXvalley shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of CodeXvalley servers. All damages shall be limited to the immediate termination of service.

Disclaimer

CodeXvalley cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by CodeXvalley are resold. Thus, certain equipment, routing, software, and programming used by CodeXvalley are not directly owned or written by CodeXvalley. Moreover, CodeXvalley holds no responsibility for the use of our client’s accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as CodeXvalley sees fit. Furthermore, CodeXvalley retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

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