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Terms of Service:
Acceptable Use Policy / Terms of Service
Legal : Acceptable Use Policy / Terms of Service


This AvailX Acceptable Use Policy/Terms of Service ("AUP/TOS") describe the proper kinds of conduct and prohibited uses of AvailX's hosting services (the "Services"). This AUP is not exhaustive and AvailX reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at Acceptable Use Policy / Terms of Service. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as AvailX deems appropriate.

IMPORTANT NOTE - AvailX has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined below.
Shared Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of AvailX is strictly prohibited.

Unauthorized use of other people's accounts or computers AvailX will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a AvailX customer, whether or not the attacked account or computer belongs to AvailX, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by AvailX to be unacceptable use of AvailX's services including abuse of server resources.

All hosting accounts may be terminated that include the following content or which have links to the following content:
  1. Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
  2. Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
  3. Displaying material that exploits children under 18 years of age.
  4. Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
  5. Exporting encryption software over the Internet or otherwise, to points outside the United States.
  6. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
  7. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software. Any account that is deactivated by the abuse team will be charged the following reactivation fees:

    1st offense - $25.00
    2nd offense - $100.00
    3rd offense - $500.00 + Account termination

    This fee will only be waived if it is determined by the abuse team that the account was disabled without cause.
Abuse of Unlimited Traffic

AvailX's customers are privileged to be offered unlimited traffic for their websites. The intention of AvailX is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on AvailX's server. Websites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of AvailX management. Any customer who violates AvailX's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.

To maintain the integrity of our shared hosting service the following limitations apply:
  • Sites with banners, graphics or cgi scripts running from their domain used on other domains.
  • Sites with picture galleries (This is any site where 50% of the files transferred is graphics).
  • Sites offering download files or archives (This is any site where 50% or more of there monthly traffic is from file downloads).
  • Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).
  • Sites acting as document repositories or document storage/backup services.

For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 20 GB per month. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $5.00/1GB/month.

You will receive a notice on Tuesday morning detailing your bandwidth usage.

You will have 7 days to visit www.payforoverages.com to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice. This does not apply to colocation clients. Colocation clients will be billed for the overages based on switch reports. Colocation clients must pay for the overages IMMEDIATELY once billing or AvailX has the sole decision to deactivate any and all servers.

AvailX will be the sole arbiter as to what constitutes a violation of this provision.
Unsolicited Email (Spam)

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.

AvailX takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

The following activities are not allowed:

  • Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
  • Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
  • Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
  • Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
  • Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
  • Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.

Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a website hosted by or through AvailX (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

Penalty: Depending on the severity of your SPAMMING, AvailX reserves the right to charge you between $1.00 - $100.00 PER SPAM sent through our network. Your website content will also be confiscated and it will be NEVER returned to you.

CGI Scripts

(This section does not apply to managed dedicated or colocation servers.) Each shared Linux web hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared Windows 2003 web hosting accounts are subject to approval by our NT Administrators.

*See the Server Resource Abuse section.

Server Resource Abuse

(This section does not apply to managed dedicated or colocation servers.) Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.

Child Pornography

Our policy on child pornography is zero tolerance. AvailX will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the AvailX network, and will be liable for illegal material posted by their clients.

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 the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

Chat Rooms

We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the AvailX Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Abuse of SMTP Mail Server

We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact noc@AvailX.com to have your domain moved.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers)
IRC

We currently do not allow IRC IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.
Current Contact Information

Current customers must provide AvailX with, and keep current and up to date, good contact information including full address, email, phone, and fax numbers. AvailX uses contact information to reach customers during network emergencies, server downtime, maintenance windows and in case there are billing issues with your account. Failure to keep contact information up to date could lead to temporary account suspension until the information is updated.
Abuse of Dedicated/Colocation Bandwidth Allotments

AvailX's customers are privileged to be offered large amounts of bandwidth and monthly transfer to their servers. The intention of AvailX is to provide large bandwidth allotments to businesses and consumers to serve as connections for their websites and web documents ("normal usage," and not for off-site storage areas for electronic documents and files. All (90%) of your web pages (.html) must be 'linked' with files (.GIF, .JPEG, .WMV, .RA, etc.) stored on AvailX's server. Websites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of AvailX management. Any customer who violates AvailX's Policies in abusing bandwidth allotments and site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.

To maintain the integrity of our dedicated and colocation server networks the following server limitations apply if your site is not deemed as "normal usage:"

Servers that contain:

  • Sites with banners, graphics or cgi scripts running from their domain used on other domains.
  • Sites with picture galleries (This is any site where 50% of the files transferred is graphics).
  • Sites offering download files or archives (This is any site where 50% or more of there monthly traffic is from file downloads).
  • Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).
  • Sites acting as document repositories or document storage/backup services.
  • Sites where 30% or more of the files or graphics are linked to by outside off-network third-parties

For those server uses that are not classified under "normal use," and fit within any of the "limitation categories" above, the customer's server is limited to 200 GB of monthly transfer and not to exceeed 2 Mbits/sec of sustained bandwidth, whichever is greater based on peak usage. The customer will be billed at $10.00/GB or $75/mbit for any overage incurred

Windows 2003 Based Dedicated Servers

Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft Corporation if violated.

Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.

AvailX may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships AvailX has established with certain commercial software and licensing vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by AvailX and not by the Third Party Vendor. Neither AvailX nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from AvailX or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights.

To the maximum extent permitted by applicable law, neither AvailX nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and AvailX with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.

Excessive Use/Overages

You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, AvailX may, in its sole discretion, assess you with additional charges. If AvailX elects to take any corrective action, AvailX will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $10/GB/month. Disk space overages are currently billed at $.25/MB/month. Email attachments overages are currently billed at $.10 per email over 10MB.

Payment Policies

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. AvailX reserves the right to change prices at any time, unless other terms have been agreed upon. Credit card accounts are subject to login deactivation upon the card declining for charges within 48 hours of email notification. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to complete account deactivation. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies AvailX at cancel.AvailX.com to request for termination of services. All payment is in U.S. currency. AvailX will bill each client $50.00 per returned check, per wire transfer received and per credit card chargeback received. All AvailX accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department at billing @ AvailX.com should you wish to change your anniversary billing cycle. Any account that is not brought current prior to deactivation will be charged a $50.00 reactivation fee as well as a $15.00 or 5% late fee whichever is greater, per invoice. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of AvailX) shall be paid by Customer. AvailX accepts paper checks, as well as credit cards, wire transfers, money orders, cashiers checks and cash from customers for payment of web hosting services and fees associated with your account. However, there will be a $50/transaction fee for customers paying by wire transfer.

Cancellation

AvailX reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by AvailX if AvailX institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of AvailX's web hosting plans are backed by a 30 day money back guarantee (*see restrictions below). If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For web hosting contracts, dedicated servers and colocation packages, the full contract amount less any setup fees and overages will be refunded if AvailX is notified within the first 30 days following activation. No refund is available after the 30th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done following the steps outlined at http://cancel.AvailX.com. Cancellations via email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation. To receive your refund, you must terminate this Agreement in the manner described in above and cease using the Services. Cancellations are processed only from 9 a.m. - 6 p.m. CST on Monday-Friday. No cancellations are processed on holidays or weekends.

*Advanced Hosting Packages (Dedicated and Colocation packages)
All advanced hosting packages must be cancelled according to the terms outlined in your contract. A cancellation notice must be submitted in writing 30 days in advance. Once the written cancellation notice has been received, you will be contacted via email regarding any restrictions or final obligations owed on your contract.

*E-business In A Box
E-business In A Box packages are non-refundable once the site has been approved and launched. If the account is cancelled within the first 30 days and production has not begun, the account can be cancelled for a full refund excluding the setup fee and domain registration fees.

*E-memories
E-memories packages are non-refundable once logins have been activated by you. If the account is cancelled within the first 30 days and the logins have not been activated, you will be given a full refund minus the setup fee.

*E-files
E-files packages are non-refundable once the logins have been activated. If the account is cancelled within the first 30 days and the logins have not been activated, you will be given a full refund minus the setup fee.

*Crazy Deals

All "Crazy Deals" are non-refundable. If the account is cancelled within the first 30 days, only AvailX accounts credits are given for the full amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages
Liability and Obligations on Cancellation

If the Agreement expires or is cancelled for any reason, AvailX is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, AvailX will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to AvailX under this Agreement.
IP Address Overlap

AvailX administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by AvailX staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.
Material and Product Requirements

You must ensure that all material and data placed on AvailX's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by AvailX. AvailX will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", AvailX may reject this material. AvailX will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy AvailX's requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your website. You must have the necessary knowledge to create and maintain a website. AvailX does not provide this knowledge or customer support outside of the Services.
Intellectual Property Rights

Material accessible to you through AvailX's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use AvailX or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the AvailX network. If you use a domain name in connection with AvailX or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security

Customers may not use the AvailX network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to:

  • accessing data not intended for the customer logging into a server or account the customer is not expressly authorized to access
  • password cracking
  • forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
  • probing the security of other networks in search of weakness
  • or violation of any other organization's security policy

Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to:

  • flooding
  • mail bombing
  • or other deliberate attempts to overload or crash a host or network.

AvailX will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, AvailX will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting AvailX or any of its other customers.
Shared Hosting Account/Dedicated Server Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

  • Your password provides access to your account. It is your responsibility to keep your password secure.
  • Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
  • Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
  • You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
  • You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
  • You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Customers who violate systems or network security may incur criminal or civil liability. AvailX will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static/Dynamic Content Caching

You expressly (i) grant to AvailX a license to cache the entirety of your website, including content supplied by third parties, hosted by AvailX under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

AvailX shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by AvailX and AvailX reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration Agreement

This AvailX Domain Name Registration Agreement ("Agreement") is by and between AvailX, Inc. ("AvailX") a/an Texas corporation and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of AvailX's Domain Name Registration and represents the entire agreement between You and AvailX. By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, including our dispute policy and the ICANN Transfer Dispute Resolution Policy along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which AvailX may establish from time to time. Such Agreements may be found at www.AvailX.com/legal/

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with AvailX, whether or not the transactions were in Your behalf. You acknowledge that AvailX's acceptance of any application made by You for services provided by AvailX will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Bedford, Texas, USA.

You acknowledge that AvailX is a registrar bound by an agreement between AvailX and ICANN. You agree that AvailX may modify this agreement in order to comply with applicable law and the terms and conditions set forth by the ICANN and/or the Registry Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time by AvailX .

1. Fees

In consideration for the services and products ("service") purchased by You and provided to You by AvailX, You agree to pay AvailX at the time service is provided. Payment is to be made by You by providing either a valid credit card, an online check, or using "Good As Gold" to establish a cash reserve for charge by AvailX (collectively, the "Payment Method"). Personal checks and money orders may only be used only to fund "Good As Gold" (GAG) accounts, must be for payments of $100 or more, and issued in U.S. dollars for the full amount required at that time. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $35 bounced check fee. If You purchase an automatically renewing service or product by personal check, it is Your responsibility to make payment arrangements for each renewal payment. You understand that ICANN requires AvailX to collect a small registration fee when you purchase your domain name registration. You agree to pay such fees. Payments are non-refundable. If for any reason AvailX is unable to charge Your Payment Method for the full amount owed AvailX for the service provided, or if AvailX is charged a penalty for any fee it previously charged to your Payment Method, You agree that AvailX may pursue all available remedies in order to obtain payment. You agree that among the remedies AvailX may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names registered or renewed on Your behalf. AvailX reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change your Payment Method at any time by logging into http://my.AvailX.com.

Domain Name Renewals

When You register a domain name, You have the option to elect that the domain name be automatically renewed upon reaching the expiration date. Automatic renewal is the default setting, which You must deactivate if You do not want Your domain name(s) to be automatically renewed. Unless You disable the automatic renewal option, AvailX will automatically renew, for a period equivalent to the length of your original registration, any domain name that is up for renewal and will take payment from the Payment Method You have on file with AvailX, at AvailX's then current rates. Thus, if you have chosen to register your domain name for one year, AvailX will automatically renew it for one year. If you have chosen to register your domain name for two years, AvailX will automatically renew it for two years, and so on. Domain name renewals will be non refundable. If for any reason AvailX is not able to take the payment from the Payment Method You have on file, and You fail to respond to our notices, Your domain name registration will expire. It is Your responsibility to keep Your Payment Method information current, which includes the expiration date if you are using a credit card. If You do not elect that the domain name be automatically renewed, You have the responsibility of logging into Your account manager for that domain name and manually implementing the renewal by the expiration date (should You in fact want the domain name to be renewed). In this case, if You fail to manually implement the renewal in a timely fashion the domain name will be cancelled and You will no longer have use of that name. You agree that AvailX will not be responsible for cancelled domain names that You fail to renew, either automatically or manually. In any case, if You fail to renew Your domain name in a timely fashion, additional charges may apply. If You signed up for domain masking, domain forwarding, or any other similar service, with Your domain registration, these services may be automatically renewed when Your domain registration is up for renewal, and You may incur an additional renewal fee unless You cancel in advance.

If you fail to renew your domain name, you agree that AvailX may, at its sole discretion, renew your expired domain name on your behalf. If AvailX decides to renew your expired domain name on your behalf you will have a Renewal Grace Period during which you may reimburse AvailX for the renewal and keep your domain name. The Renewal Grace Period is currently 12 days but subject to change under the terms of Section 2 of this Agreement. If you do not reimburse AvailX for the renewal during the Renewal Grace Period your domain name will be placed on Hold and flagged for deletion after which you will have a 30 day redemption period during which you may pay AvailX a Redemption fee and redeem your domain name. The Redemption fee is currently $199 USD and is subject to change under the terms of Section 2 of this agreement. If you do not redeem your domain name prior to the end of the 30 day redemption period AvailX may, at its sole discretion, delete your domain name or transfer it to another registrant on your behalf.

If your domain is deleted, the Registry also provides a 30 day Redemption Grace Period during which you may pay AvailX a redemption fee and redeem your domain name. The redemption fee is currently $199 USD and is subject to change under the terms of Section 2 of this agreement. If you do not redeem your domain name prior to the end of the Registry.s Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.

2. Term of Agreement; modifications

The term of this agreement shall continue in full force and effect as long as You have any domain name registered through AvailX. You agree that You will not transfer any domain name registered through AvailX to another domain name registrar during the first sixty (60) days from its initial registration date. You further agree that AvailX may charge You a small fee if You cancel Your domain within the five (5) day grace period after registering Your domain with AvailX and AvailX refunds the price of Your domain. AvailX will not charge You a fee if AvailX cancels Your domain name during this period because of fraud. Provided, however, the five (5) day grace period does not apply to Premium Domains, which are non-refundable.

You agree that AvailX may modify this agreement from time to time. AvailX may also discontinue services it provides under this agreement. You agree to be bound by any changes AvailX may reasonably make to this agreement when such changes become effective. Should You elect to cancel Your agreement with AvailX You will not receive a refund for any fees You may have paid to AvailX.

You agree that AvailX shall not be bound by any representations made by third parties who You may use to purchase services from AvailX, and that any statements of a general nature, which may be posted on AvailX's web site or be contained in AvailX's promotional materials, will not bind AvailX.

3. Up to Date Information; use of information and expiration

You agree to notify AvailX within five (5) business days when any of the information You provided as part of the application and/or registration process changes. It is Your responsibility to keep this information in a current and accurate status. Failure by You, for whatever reason, to provide AvailX with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by AvailX to determine the validity of information provided by You, shall also be considered to be a material breach of this agreement. You agree to retain a copy for Your record of the receipt for purchase of Your domain name.

You agree that for each domain name registered by You, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the registered name holder and, if different from the registered name holder, the same contact information for, a technical contact, an administrative contact and a billing contact

You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator. As required by ICANN, this information must also be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois. Both AvailX and the registry operator may be required to archive this information with a third party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, You represent and warrant that, if You are providing information about a third party, You have notified the third party of the disclosure and the purpose for the disclosure and You have obtained the third party's consent to such disclosure.

You agree that for each domain name registered by You the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:

  • The domain name
  • Your name and postal address
  • The email address, postal address, voice and fax numbers for technical and administrative contacts
  • The Internet protocol numbers for the primary and secondary name servers
  • The corresponding names of the name servers
  • The original date of registration and expiration date

You agree that, to the extent permitted by ICANN, AvailX may make use of the publicly available information You provided during the registration process. If You engage in the reselling of domain names You agree to provide any individuals whose personal information You've obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.

4. Dispute Resolution Policy

You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this agreement. You can view the Uniform Domain Name Dispute Resolution Policy online at http://www.icann.org/dndr/udrp/policy.htm. You agree to review AvailX's web site periodically to determine if changes have been made to the Dispute Resolution Policy. If You cancel Your agreement with AvailX as a result of the modified Dispute Resolution policy no fees will be refunded to You.

You agree that if a dispute arises as a result of one or more domain names You have registered using AvailX, You will indemnify, defend and hold AvailX harmless as provided for in this agreement. You also agree that if AvailX is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by You using AvailX, that AvailX, in its sole discretion, may take whatever action AvailX deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event You agree to hold AvailX harmless for any action taken by AvailX.

5. Transfer of Domain Names; resale practices

If You transfer any domain name You agree to provide the information required by, and to abide by, the procedures and conditions set forth in this policy. In order to further protect Your domain, any domain registered with AvailX or transferred to AvailX shall be placed on lock status. The domain must be placed on unlock status in order to modify any of the Whois information including the name servers, or initiate a transfer of the domain name away from AvailX to a new Registrar.

In the event You are purchasing a domain name on behalf of a third party, You agree to inform any customer of Yours, who may be acquiring a domain name through You using AvailX's registration services, that they are in fact registering their domain name through AvailX and that AvailX is an accredited registrar with ICANN. You agree not to represent that You are an ICANN accredited registrar or that You are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of Your promotional materials including Your web site.

You agree to obtain each of Your customers' acceptances of AvailX's then current Domain Registration Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should You require that Your customers accept additional terms and conditions that are not required by AvailX, You agree that such additional terms and conditions shall not conflict with AvailX's Domain Registration Agreement and the policies and business procedures adopted by ICANN.

You agree that AvailX is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to AvailX's registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database.

You agree to provide Your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information You will, within 5 business days, provide such information to AvailX so AvailX may update its registration records. You will retain copies of all communications between You and Your customers and will upon request provide AvailX copies of same.

6. Suspension of Services; breach of agreement

You agree that, in addition to other events set forth in this agreement, (i) Your ability to use any of the services provided by AvailX is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN, and (ii) Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any AvailX procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by AvailX or the registry operator in registering any domain name or (2) for the resolution of disputes concerning any domain name.

You agree that Your failure to comply completely with the terms and conditions of this agreement and any AvailX rule or policy may be considered by AvailX to be a material breach of this agreement and that AvailX may provide You with notice of such breach either in writing or electronically (i.e. email). In the event You do not provide AvailX with material evidence that You have not breached Your obligations to AvailX within ten (10) business days, AvailX may terminate its relationship with You and take any remedial action available to AvailX under the applicable laws. Such remedial action may be implemented without notice to You and may include, but is not limited to, canceling the registration of any of Your domain names and discontinuing any services provided by AvailX to You. No fees will be refunded to You should Your agreement be cancelled or services be discontinued because of a breach.

AvailX's failure to act upon or notify You of any event, which may constitute a breach, shall not relieve You from or excuse You of the fact that You have committed a breach.

7. Restriction of Services; right of refusal

You agree not to use the services provided by AvailX, or to allow or enable others, to use the services provided by AvailX for the purposes of:

* The transmission of unsolicited email (Spam).
* Repetitive, high volume inquires into any of the services provided by AvailX (i.e. domain name availability, etc.).

If You are hosting Your domain's domain name servers ("DNS") on AvailX's servers, or are using our systems to forward a domain, URL, or otherwise to a system or site hosted elsewhere, or if You have your domain name registered with AvailX, You are responsible for ensuring that there is no excessive overloading on AvailX's DNS systems. You may not use AvailX's servers and Your domain as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that AvailX reserves the right to deactivate Your domain name from its DNS system if AvailX deems it is the recipient of activities caused by your site that threaten the stability of its network.

You agree that AvailX, in its sole discretion and without liability to You, may refuse to accept the registration of any domain name. AvailX also may in its sole discretion and without liability to You delete the registration of any domain name during the first thirty (30) days after registration has taken place. AvailX may also cancel the registration of a domain name, after thirty (30) days, if that name is being used, as determined by AvailX in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm or use unethically minors in any way. In the event AvailX refuses a registration or deletes an existing registration during the first thirty (30) days after registration, You will receive a refund of any fees paid to AvailX in connection with the registration either being canceled or refused. In the event AvailX deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.

8. Limitation of Liability

You agree that AvailX's entire liability to you under this agreement, and your only remedy, in connection with any service provided by AvailX, to you under this agreement, and for any breach of this agreement by AvailX, shall be limited to the fees you paid to AvailX for the particular service in contention. AvailX and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of AvailX's services or for the cost of obtaining substitute services. Because certain states do not permit the limitation of elimination of liability for certain types of damage, AvailX's liability shall be limited to the smallest amount permitted by law. AvailX disclaims any loss or liability resulting from:

  1. access delays or interruptions to our web site or domain name registration system
  2. data non-delivery or mis-delivery between You and AvailX
  3. events beyond our control (i.e. acts of God)
  4. the loss of registration or processing of a domain name or the use of a domain name
  5. the failure for whatever reason to renew a domain name registration
  6. the unauthorized use of Your account with AvailX or any of services provided to You by AvailX
  7. errors, omissions or misstatements
  8. deletion of, failure to store, or failure to process or act upon email messages
  9. processing of updated information to Your registration record
  10. development or interruption of Your web site
  11. errors taking place with regard to the processing of Your application
  12. application of AvailX's Dispute Resolution Policy
  13. any act or omission caused by You or Your agent (whether authorized by You or not)

9. Indemnity

You agree to release, defend, indemnify and hold harmless AvailX and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to Your (including Your agents, affiliates or anyone using Your account with AvailX whether or not on Your behalf, and whether or not with Your permission) use of the services provided by AvailX. Should AvailX be notified of a pending law suit, or receive notice of the filing of a law suit, AvailX may seek a written confirmation from You concerning Your obligation to indemnify AvailX. Your failure to provide such a confirmation may be considered a breach of this agreement.

10. Representation and Warranties

You warrant that all information provided by You as part of the registration process is complete and accurate. You also warrant that each registration You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity.

You agree that AvailX makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to You against the possibility of objection to, or challenge of, the registration or use of any domain name You register with AvailX.

AvailX expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of AvailX, as well as its affiliates, subsidiaries, officers, directors and employees. AvailX also reserves the right to freeze a domain name during resolution of a dispute.

11. Disclaimer of Warranties

AvailX expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. AvailX makes no warranty that its service(s) will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free, or that defects will be corrected. AvailX does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.

12. Severability; entirety

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between You and AvailX regarding the services contemplated herein.

13. Venue; waiver of trial by jury

This agreement shall be deemed entered into in the state of Texas. Except for all disputes concerning the use of a domain name registered with AvailX, the laws and judicial decisions of Tarrant county, Texas, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. For the adjudication of disputes concerning or arising from the use of a domain name registered with AvailX, You shall submit, without prejudice to other potential applicable jurisdictions, to the jurisdiction of the courts (1) of Your domicile and (2) where AvailX is located. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Tarrent county, Texas.

You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.

14. Notices

You agree that all notices (except for notices concerning breach of this agreement) from AvailX, Inc. to You may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address You have on file with AvailX, Inc. or mailed first class postage to the postal address You have on file with AvailX, Inc.. In both cases, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to AvailX, Inc. shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:
Domain Services C/O AvailX, Inc., 1901 Central Drive, Suite 750, Bedford, TX 76227
Delivery shall be deemed to have been made by You to AvailX, Inc. five (5) days after the date sent.

15. Provisions specific to all registrations

You agree to be bound by the rules, policies, and agreements of each Registry from which You purchase a domain registration, which may include, but are not limited to, Top Level Domain Registries and Second Level Domain Registries.
Copyright Infringement

DIGITAL MILLENNIUM COPYRIGHT ACT

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the AvailX system or website should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING AvailX THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Written notification must be submitted to the following Designated Agent:

AvailX
Legal Department
PO BOX 821026
NRH, TX 76182

copyright @ AvailX.com

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

  1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
  2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
  3. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
  4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
  5. Statement that the complaining party has "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law."
  6. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Lawful Purpose

AvailX reserves the right to refuse service to anyone. Customers may only use AvailX server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of AvailX management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Tarrant County, Texas, and any dispute will be litigated or arbitrated in Tarrant County, Texas. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Tarrant County Courts. IN NO EVENT SHALL AvailX'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS FOR ANY REASON.
Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD AvailX HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST AvailX, 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 AvailX AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH AvailX'S 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 AvailX'S SERVER.

Disclaimer

AvailX WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. AvailX MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. AvailX DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY AvailX AND ITS EMPLOYEES. AvailX RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

CUSTOMER SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF AvailX. HOWEVER, AvailX MAY ASSIGN THE CUSTOMER'S CONTRACT, IN PART OR IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO THE CUSTOMER. AvailX RESERVES RIGHT TO CANCEL CUSTOMERS RIGHTS UNDER THIS CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION.

ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF AvailX MUST ADHERE TO THE ABOVE POLICIES.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
AUP/TOS Revisions

AvailX RESERVES THE RIGHT TO REVISE, AMEND, OR MODIFY THIS AUP/TOS AND ALL OF OUR OTHER POLICIES AND AGREEMENTS AT ANY TIME AND IN ANY MANNER. NOTICE OF ANY REVISION, AMENDMENT, OR MODIFICATION WILL BE DEEMED WHEN THE NEW INFORMATION IS POSTED WITHIN THIS DOCUMENT OR ANY OTHER ONLINE AGREEMENTS. CUSTOMERS WILL NOT NECCESSARILY BE NOTIFIED IN WRITING OF THESE CHANGES. PLEASE CHECK THIS AND ALL OTHER AvailX AGREEMENTS AND DOCUMENTS FREQUENTLY FOR CHANGES.