These Terms and Conditions (« Agreement ») governs the use of the services (« Service » or « Services ») that are made available by DXMAG (« DXMAG », « DX MAG », « DXMAG SERVER », « we », « our » or « us »). These Terms and Conditions represent the whole agreement and understanding between DXMAG and the individual or entity who subscribes to our service (« Member », « Members » or « you »).
By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. DXMAG may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that DXMAG believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
Changes to the Terms and Conditions
We reserve the right to amend the Terms and Conditions (as defined below) at any time. All amendments to the Terms and Conditions will be posted on the Website. If you do not like the changes we make, you can terminate your service. Continued use of the Website will, however, be deemed to constitute acceptance of the new Terms and Conditions. No other terms or changes to the Terms and Conditions will be binding unless agreed in writing signed by us.
– Virtual Private Servers (VPS)
– Dedicated Servers
– Management services
DXMAG offers Members website hosting and email hosting services for the duration of the service term purchased from us. Services are provided on the basis of facility and equipment availability. DXMAG reserves the right not to provide one or more Services where necessary facilities or equipment are not available, or for any other reason.
Access to the web and email servers is terminated upon expiry of the Service. Details regarding your account can be found on the profile page after you register.
REGISTRATION FOR AN ACCOUNT
If you would like to place an Order through the Website, you will need to register for an account on the Website which you will be able to access through the member area part of the Website, and by which you will be able to change the details that we hold about you and administrate the Services that we provide to you. You may browse the Website without registering for an Account, but, to submit an Order, you must register for an Account.
If you already have an Account, you can login to your Account to submit an Order.
If you do not have an Account, to submit an Order you will need to register for an Account.
To register, you need to supply us with your name, address, email address, a password and possibly some other personal information. See our Privacy and Cookies Policy for more details about this. You can provide us with that information by filling in the necessary information on the Website manually where indicated and then following the instructions on the Website.
Once you register for an Account, you will be asked to input an Email and Domain name for your account. You will receive the Password through Email. The Email and Password are the means through which you access your web hosting services. You may change this password by accessing your Account and following the instructions. You must keep the password confidential and immediately notify us if there is any unauthorised use of your email address or your account or any breach of security otherwise known to you. You acknowledge that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your Account.
You must be registered for an Account with a valid email address that you access regularly, so that, amongst other things, we can send administration and information emails to you. Any Account registered with another person’s email address or with a temporary email address may be closed by us without notice. We may also require you to validate your Account at registration or if we believe that you have been using an invalid email address. We reserve the right to reject any registration for an Account and to refuse use of or access to the Website to anyone for any reason, in our absolute discretion.
We shall use our reasonable endeavours to correct any errors or omissions in the Services as soon as practicable on a 24/7 basis all year round after receiving full and clear information on them. However, since we do not guarantee that the Services will be free from faults, we shall provide email support accessed by means of a ticketing system for you to use for us to deal with any faults and also for answering queries (« Support Services »). We shall use our reasonable endeavours to respond to a request for Support Services within a reasonable time, but we cannot guarantee any particular result or outcome nor within any particular time. In particular, without limitation, we may need to obtain support in turn from a third party that assists us with the provision of the Support Services.
The services are delivered after payment is confirmed. However, due to the risks presented by customers using stolen credit cards, we may require additonal information from your side before the service is delivered.
Login details are sent to the email address used to register on our website.
Virtual private servers are delivered within less than 2 hours.
Dedicated servers delivery may take up to 48 hours, depending on availability.
DXMAG is currently accepting the following payment methods:
Credit Card, Paypal, Bank Transfer and Virtual Crypto Currency (ex.Bitcoin etc) trough Coinify.com
DXMAG’s email service provides customers with the capability to send and receive email via the Internet. DXMAG retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Members and to protect our computer systems.
As an owner and operator of the equipment and other resources utilized to provide services, DXMAG has the legal right to block electronic communications from other entities on the Internet.
USAGE POLICIES AND DEFINITIONS
a. « Unlimited » Usage Policies and Definitions
What « Unlimited » means
DXMAG does not set an arbitrary limit on the amount of resources an account can use. Subject to this Agreement, DXMAG will make every commercially reasonable effort to provide Members with the necessary storage, bandwidth, and other server resources to power their websites, provided that the Member’s use of the service complies with the terms specified in this Agreement.
What « Unlimited » DOES NOT mean
DXMAG’s offering of « unlimited » services does not allow the actions of individual members to negatively or adversely affect the service experience of other Members.
b. Resource Usage
Under no circumstances are you allowed to run any daemons, servers or compile anything under your account without direct permission from DXMAG management. Shell access is meant to be used solely with basic file system usage.
You’re not allowed to use an excessive amount of system resources for an extended period of time. If your account is found to be utilizing a large amount of resources we will contact you and give you further information. Under extreme cases suspension may be necessary until the issue can be resolved.
You may not have cron jobs in intervals lower than 1 minutes a part.
You may use your account for personal use but not as a backup facility for automated backups or things of that nature. If you’re unsure if your intended use violates this TOS please contact us so we can clarify it for you.
Outgoing e-mails for Dedicated servers and VPS are limited to 500 per day.
The number of reinstall requests accepted is of 2 per each 30 days for each dedicated server. Additional reinstalls shall be charged at 10 EUR per reinstall. VPS reinstalls are not limited.
SERVICE FEES / PAYMENTS / INVOICES / PROVISION OF THE SERVICES
All DXMAG fees and charges are quoted and billed in EURO unless otherwise noted.
You are able to pay the Fees by Credit Card, PayPal, BitCoin, Wire Transfer; you may need to have an account with the respective payment processor in order to submit an Order and you must agree to their terms and conditions in order to have such an account. We shall not be bound to supply any services to you until we have received the necessary cleared funds in full.
DXMAG may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
Services provided to Members who have listed a foreign address are subject to applicable taxes in their respective country.
Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.
Invoices for all DXMAG services can be found by logging into the user account and also will be able to download it. After you have paid the Order, we will activate the Services that are the subject of your Order. We inform you of such activation through the e-mail you provided. Billing inquiries and disputes should be brought to DXMAG’s attention within 14 days of the invoice date trough email at email@example.com .If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation.
Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.
In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, upon expiry.
Any applications or requests for services will be declined if DXMAG cannot be successfully processed within 72 hours of the order.
DXMAG reserves the right to modify service fees and rates, effective upon posting on the DXMAG website or on this Agreement.
TERMINATION / PLAN CHANGE / REFUND POLICY
DXMAG may terminate your Service under the following circumstances (non-exclusive list):Non-payment of feesYou are in breach of any term or condition of this AgreementYour use of the Service disrupts DXMAG business operations or affects any other party
All Member data is removed from DXMAG servers for such terminations. You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through e-mail or service ticket. Our contact information can be found on the Contacts page of our website. When submitting your cancellation request, you must provide the correct account username and e-mail for verification. Incomplete cancellation requests will be deemed invalid and will not be processed.
The right to refund is no longer effective once the services have been provided in full, in case of licenses, internet or dedicated servers.
Cancellation within 3 days: You may cancel and request a refund of your first service without any questions asked. You are eligible for refund within 3 days since the invoice has been paid. In order to request the refund you would have to contact us to the following email address: firstname.lastname@example.org. Refunds are available only for the first service bought. Any additional service is not eligible for refunds.
You are eligible for a refund on hosting services that are billed yearly under the following circumstances:
If you cancel your account within 3 days of sign-up, you will, upon request, receive a full refund on the service fees paid. We will reimburse any amount collected from you no later than 14 days since the date when you have requested the refund. The refund will be issued through the same payment method used when you paid the invoice. If the payment method does not support refunds, the refund will be issued only as account credit.
When you apply to use DXMAG services, you will be asked to input an Email and domain name. You will receive the Password through Email. The Email and Password are the means through which you access your web hosting services. You acknowledge and agree that it is your responsibility to safeguard the Email and Password you select from any unauthorized use. IN NO EVENT WILL A2VPS SRL BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR EMAIL OR PASSWORD.
Members are responsible for maintaining accurate account information at all times. This information can be updated when logged into the account.
DXMAG guarantees an uptime of 99,98%. If our services do not meet the 99,98% uptime level you will be compensated with a 50% discount on your next invoice. In order to receive the discount, you would need to write an email and request it to email@example.com
DXMAG does not allow the use of unsolicited commercial email (« Spam ») to promote products or services. Any Member engaging in the sending of Spam through our network or promoting information on websites hosted by us will be considered in breach of this Agreement and will be suspended from the Service immediately.
Your use of the Service must be in compliance with and the laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.
The following is a non-exclusive list of content and behavior prohibited by the Service:
- Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
- Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
- Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a DXMAG account will result in immediate account suspension.
- Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
- Content or otherwise that exploits children under 18 years of age.
- Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
- Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
- Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any DXMAG service, solution or technology.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).
- Using more than 50% of the allocated CPU power, on average, for the VPS packages.
- Using more than 30% of the allocated CPU power or more than 50% of the ram, on average, for the VPS Micro package.
You agree that, unless other instructions are posted on DXMAG’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or ticket system to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for DXMAG SRL posted on DXMAG website. All notices shall be effective upon receipt.
Email newsletters will only be sent directly by DXMAG. Member information will not be disclosed or sold to any third parties. You may also be contacted by DXMAG ‘s designated customer review software provider for customer experience and service feedback.
RESERVATION OF RIGHTS
DXMAG reserves the right and sole discretion to:
- Censor any website hosted on its servers that is deemed inappropriate.
- Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
- Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
- Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against DXMAG or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
- Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar distructive activities, activities whether lawful or unlawful that DXMAG determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
- Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves. You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
- Limit the maximum number of services per account, on a total or on a per-package basis.
LIMITATION OF LIABILITY
The Service is provided on an « as is » and « as available » basis and the use of the Service is at your own risk. A2VPS makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. A2VPS is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by A2VPS.
In no event will A2VPS be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
A2VPS, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website. In no event shall A2VPS be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold A2VPS harmless from and against, and to reimburse A2VPS with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by A2VPS by reason of or arising out of or in connection with:
- Any breach of this Agreement by you.
- Any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website.
- Illegal, pornographic, or discriminatory content on your website.
A2VPS will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of nature, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
The agreement is governed by the Romanian law. Any disputes between A2VPS and the Client will be settled amicably, failure which the disputes are referred for settlement to the Romanian courts.
AGE OF MAJORITY
A2VPS does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
20. ACCEPTABLE USE POLICY
A2VPS ‘s Acceptable Use Policy (« AUP »), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:
- not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
- not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
- not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- not to make, attempt or allow any unauthorized access to A2VPS website, servers, your own hosting account or the account of any other customers of A2VPS.
- not to allow any remote code execution of malicious software through the hosting account provided by A2VPS.
- not to cause denial of service attacks, port scans or other endangering and invasive procedures against A2VPS servers and facilities or the servers and facilities of other network hosts or Internet users.
- not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
- not to use A2VPS services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
- not to upload unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
- not to engage in or to instigate actions that cause harm to A2VPS or other customers.
Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDoS attacks for any servers, etc. A2VPS reserves the right to refuse service to anyone upon Our discretion. Any material that in A2VPS judgment, is either obscene or threatening is strictly prohibited and will be removed from A2VPS servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our AUP is found, A2VPS will take corrective action upon our own discretion and will notify You. A2VPS decision in such case is binding and final, and cannot be a subject of a further change. A2VPS cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to A2VPS or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. A2VPS will not be liable for any loss or damages in such cases.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
This Agreement, as may be updated from time to time and posted on DXMAG Website, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.