Hosting Terms of Service (TOS)

FINEXE SERVICES
Hosting terms of service

Please read this hosting terms of service ("TOS") carefully. By using the Services By FINEXE SERVICES. ("FNX"), You agree to all the terms and conditions set forth both herein and in the FNX privacy policy, which is incorporated by reference. You acknowledge that FNX may amend this agreement at any time upon posting the amended terms on its Web site, and that any new, different or additional features that change the services provided by FNX will automatically be subject to this agreement. If you do not agree to be bound by, or if you object to, the terms and conditions of this agreement and any amendments hereto, do not use or access our services. Continued use of FNX’s services and its Web site after any such changes to this agreement have been posted, constitutes your acceptance of those changes.

Limitation of Liability Herein, "you" and "your" will refer to said entity or entities purchasing services from Finexe Services. In the event that fraudulent or falsified information is provided and Finexe Services services are purchased by a minor, the responsibilities and liabilities outlined in this document fall on the parent and/or legal guardian of said minor.

Herein, "we", "us", and "our" will refer to Finexe Services, and/or any entity or entities which may formally represent Finexe Services, as designated by Finexe Services.

Herein, TOS will refer to this agreement.

Provisions
If any part of this TOS is found invalid or unenforceable, the remainder of the TOS will remain intact and binding. Your sole recourse for opting out of this TOS is limited to voluntarily terminate your account, without refund. If you are found in violation of any part of this TOS, your account will be terminated without refund. Your use of our services binds you to this TOS.

Acceptable Usage Policy
The Acceptable Usage Policy (herein known as AUP) which is included by reference, is meant to serve as a guideline of what is and is not acceptable on our server (s). You are expected to follow the guidelines of the AUP, as failing to do say may constitute a breech of this TOS, and result in account termination and/or civil and/or legal action.

Contract Renewal
Your contract renews on a monthly basis when payment is received by Finexe Services. This TOS is to be interpreted as the body of your contract. If payment is not received 7 (seven) days before its expiration date, the contract will be terminated, and your account (s) will be removed from our server (s). If you are found in breech of this TOS in any way, the contract will be terminated, and your account s) will be removed from our server (s). As it's sole discretion, Finexe Services may charge you a late payment fee and interest instead. Finexe Services may also choose to disable your account in such event until your payment is received. The late payment fee is 10% of your unpaid amount for each month late. You will also be charged transaction fees of the payment method you have in file with us.

Contract Renewal Dedicated Servers
The contract renewal terms above apply with the following modification: All Servers that are not paid 7 (seven) days before their expiration date, will be unplugged. If you do not want to continue your subscription you must notify us before the invoice due date. Late payment fee is $25 USD.

Excess trafic or storage
If you use more storage or trafic than you have purchased or been assigned to, the contract will be suspended (s). As it's sole discretion, Finexe Services may charge you an excess traffic fee currently $15.00 per GB space and $1.50 per GB trafic instead plus transaction fees of the payment method you have in file with us in order to enable your account again. Finexe Services may also choose to charge you before or without suspension in order to not disrubt your web presence.

Excess memory usage
All accounts are granted 10 MB working process memory. In some cases the working process takes more memory and to ensure sufficient memory on the server, accounts using more memory must pay an additional $3.00/month per used 10MB of average memory usage. Reseller accounts will pay $2.50/month per 10 MB instead. We will notify the clients that exceed their memory quota.

Cancellation/Refunds/Credit
Any unused account(s) cancelled within 48 hours (two days) of creation will be refunded unless contradicting our rules in our acceptable use policy. If the account was paid with E-Gold, the refund will be less our transaction fee. Any account(s) cancelled beyond that point will not be issued a refund even if they hae not been used. Credit may be granted, in form of extended service at the sole discretion of Finexe Services, in the event of disrupted service that is NOT beyond the control of Finexe Services. It is recommended that all accounts that receive web hosting services provided by Finexe Services be paid monthly. If a customer of Finexe Services decides to pay for months of web hosting in advance, under no circumstances will they be issued a refund and/or credit for ANY reason. Finexe Services cannot assume responsibility, and will not issue credit/refunds for downtime and/or loss of files and/or documents due to network trouble, server upgrades, updates or transfers, blackouts, natural disasters, or malicious attacks against our server(s). All refund claims must be communicated with us, under no circumstances is it allowed to charge back through the payment services. In the event of a charge back, all the account holders services will be terminated.

Cancellation/Refunds/Credits Dedicated Servers
48 hours refund policy does NOT apply for dedicated servers.

IP addresses Dedicated Servers
In order for us to assign IPs we will need justification as per ARIN's guidelines.

Your obligations
You agree that You have provided accurate, current and complete information in the application process and that You will notify Finexe Web Services within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Finexe Web Services to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Finexe Web Services has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, including but not limited to tampering with the form parameters, or chosing not to pay VAT you are obliged to pay by law when placing an order, Finexe Web Services has the absolute right, in its sole discretion, to terminate its Web Hosting services and close Your account.

You represent and warrant to Finexe Web Services that: (i) You have the power and authority to enter into and perform Your obligations under this Agreement; (ii) Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and (iii) You own Your website content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site. If Your web site includes GIF images and you are not using Finexe Web Services's WebSite Complete or WebSite Tonight software, you must ensure that your GIF images are licensed with Unisys or were created with Unisys Authorized Software. You also warrant that the web site being hosted by Finexe Web Services will not be used in connection with any illegal activity.

If You are hosting Your web site on Finexe Web Services's servers, You are responsible for ensuring that there is no excessive overloading on Finexe Web Services's DNS or servers. You may not use Finexe Web Services's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Finexe Web Services reserves the right to remove sites that contain information about hacking or links to such information. Use of your web site as an anonymous gateway is prohibited. Finexe Web Services prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Finexe Web Services. You agree that Finexe Web Services reserves the right to remove Your web site temporarily or permanently from its hosting servers if Finexe Web Services is the recipient of activities that threaten the stability of its network.

You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; or (viii) engage in any other activity deemed by Finexe Web Services to be in conflict with the spirit or intent of this Agreement or any Finexe Web Services policy.

Storage and Security
At all times, You shall bear full risk of loss and damage to your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all your web site content transmitted through or stored on Finexe Web Services servers; and (iv) ensure the confidentiality of Your password. Finexe Web Services's servers and hosting services are not an archive and Finexe Web Services shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify Finexe Web Services, whereupon Finexe Web Services shall suspend access to Your web site by use of such password and issue a replacement password to You or Your authorized representative. Finexe Web Services will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Finexe Web Services or another party due to someone else using Your account or password.

Finexe Services.
Norrbyvägen 16, SE-16869 Bromma, SWEDEN