This is the terms of service that you the “customer”, “buyer”, “user” or “client” agree to when using our “iXist”, “https://ixist.co.za, “Us” or “We” services. Please read through these terms of service as it contains important information regarding your rights and information about your account and the services we offer.
1. INDEMNIFICATION AND RELATIONSHIP OF PARTIES
The customer agrees to indemnify and hold us harmless from any lawsuit, claim, charge, or expense, including reasonable legal fees and costs of defence, for any matter arising from or relating to the User’s website provided hereunder.
Nothing contained herein shall be deemed to create a relationship between us and the customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that we have no interaction with the data or substance of a customer’s website, except as necessary to maintain the website.
2. PAYMENTS & PRICE CHANGES
The user agrees to pay the charges agreed to during the initial signup request on or before the first day of the anniversary of account setup each month or year following execution of this agreement.
The user agrees any payment not received within 24 hours of said renewal date shall be considered late and the service may be suspended, either automatically or manually.
The user agrees any payment not received within 7 days of said renewal date shall be considered in default and service shall be terminated automatically. If you wish to restore a cancelled account or receive a backup of a suspended account, there will be a R550 fee if there is a backup available.
iXist reserves the right to amend the prices listed on https://ixist.co.za, and the right to increase or reduce the resources given to plans at any time without prior notice to you.
The amount you pay for hosting will never increase from the date of purchase without at least 30 days prior notice.
3. TERM OF CONTRACT & TERMINATION/CANCELLATION
This agreement shall have an initial term of one month from the date of execution hereof unless otherwise specified by sign up request such as our annual plans. Upon expiration of such term, this agreement shall automatically renew for successive equivalent periods, unless notice is given by either party of its intent to terminate the agreement, at least one week prior to the scheduled renewal date. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder. If the user does not notify us of their cancellation request at least 3 days in advance of the date of execution, the user will be responsible for the payment due for the next equivalent period.
Any domain/account not registered or pointed to the server 30 days after the account is activated will be terminated without notice.
Any account set up with a domain name that is not registered with any relevant registrar, for example, any domain name that is used on an account that is available to purchase will be terminated without notice.
Accounts (plus any associated accounts) suspended for breach of these terms of service will be terminated within 24 hours of suspension and after termination, no backups or data will be available.
Account termination will take place 7 days following a suspension or cancellation of service.
iXist reserves the right to suspend or terminate any and all accounts without notice for any breach of these terms of service.
4. REFUND POLICY AND MONEY BACK GUARANTEES
The user understands that in order to qualify for the money-back guarantee, they must inform us within 30 days of the first, standard service becoming active. Any requests after this 30 day period will result in services being cancelled only when the next billing cycle is due with no refund given.
The user understands that all refunds can only be returned using the original payment method. We cannot refund using an alternative payment method to the one which was used when setting up the service.
The user understands that our 30-day money-back guarantee is only valid for your first product or service purchased. Any additional products or services, extensions or additional payment made after this 30 day period are not covered by this guarantee.
The user understands any hosting plan requires a valid domain name in order to work. If the user no longer owns the domain name registered on their hosting account or it expires this can lead to service interruption and they must inform us as soon as possible.
The user understands that we reserve the right to withhold a refund in cases where we feel the guarantee is being abused.
Our money-back guarantee excludes accounts that have been suspended/terminated due to breaches of these terms of service. In these cases, a refund will not be offered due to the administration time and costs involved.
5. REFUSAL OF SERVICE
iXist reserves the right to refuse or cancel services at its sole discretion. Failure to follow any terms or conditions established by us may result in the immediate termination and forfeiture of any refund agreements. This includes, but is not limited to abuse of our staff (foul or derogatory comments) and/or our network.
6. WEBSITE CONTENT
As long as the user’s content does not break any applicable laws or causes harm to any specific race, creed or gender, it will be allowed to exist on the user’s website.
The user is responsible for any and all content they place on their website or transfer by any other means using hardware and or bandwidth belonging to iXist.
iXist reserves the right to remove any page and/or content at any time without notice.
Users are not permitted to offer any free hosting accounts under their reseller hosting plan. Free trials are permitted up to a limit of 30 days. Any user offering free services may be the subject of account suspension or termination without warning.
The user agrees not to host any unauthorised copyrighted material such as music, movies, photographs without prior permission or which would break copyright law.
Examples of unacceptable material on a user hosting account, but not limited to the following:
– Pornographic Material (of any kind)
– Websites that stream copyrighted material such as TV shows, movies or sports, either directly or via 3rd party websites
– File Dump/Mirror Scripts (similar to rapidshare)
– Websites promoting illegal activities
– Email/Spam Scripts
– cPanel account abuse or “parking”
– Websites and/or forums/communities that distribute or link to pirated/illegal content
– IRC Scripts/Bots
– Proxy Scripts
– Pirated or nulled software
– AutoSurf/PTC/PTS/PPC websites
– Bruteforce Programs/Scripts/Applicationss
– High-Yield Interest Programs (HYIP) or Related Sites
– Sale of any controlled substance without prior proof of appropriate permits or licences
– Prime Banks Programmes
– Hateful/Racist/Harassment oriented sites
– Hacker focused sites/archives/programs
– Fraudulent websites (Including, but not limited to sites listed at aa419.org & escrow-fraud.co
7. THE USE OF OUR SERVICE
The user agrees to maintain their website in a manner consistent with any and all applicable laws and regulations, acceptable uses and standards in effect, or which become in effect, during the term hereof.
The user agrees to practice common courtesy in its use of our service, and refrain from using any distribution lists for electronic mail or other techniques for unsolicited mass mailing.
The user agrees to keep their contact email address with us current at all times. The user also agrees that iXist has no liability for lost or undelivered email messages concerning the status or payment due for a user’s account.
The user agrees that all content on https://ixist.co.za shall not be duplicated, copied or cloned. Any user found to be in violation may have their account suspended and/or terminated.
The user agrees no notices for account status or invoices will be sent via postal mail or telephone unless initiated by iXist as required by law to collect payment.
Resource usage, The user may not:
– Parking multiple domains for resale is prohibited. This falls under the misuse of our servers.
– Use 25% or more of system resources for longer than 90 seconds. Activities that could cause such problems to include, but are not limited to CGI scripts, FTP, PHP, HTTP, etc.
– Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
– Run any type of mass email software resulting in a large number of failed messages, often referred to as spam mail. This includes the use of server resources and/or subaccounts to do the same.
– Run any type of web spider or indexer (including Google Cash / AdSpy) on a shared hosting account.
– Run any software that interfaces with an IRC (Internet Relay Chat) network.
– Run any bit torrent application, tracker, or client.
– Participate in any file-sharing/peer-to-peer activities
– Run cron entries with intervals of less than 5 minutes.
– Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
Account limitations: You may use your account for personal use but not as a backup facility for automated backups or things of that nature. If you are unsure if your intended use violates these terms of service please contact us.
Disk space usage (Unlimited Plans): Your account may not be used as a storage and/or backup service for files/archives. Regular backups of databases, websites, etc, are permitted within reason. Any account found to be using an excessive and/or unreasonable amount of disk space may be asked to reduce their usage or face suspension/termination. iXist reserves the right to suspend/terminate any service for resource abuse at their discretion.
Reseller hosting: Any “unlimited” service plans are subject to fair/acceptable use and we reserve the right to place any limits on an account in order to protect our servers. This includes, but is not limited to:
– Excessive use of cPanel accounts.
– Excessive use of server resources.
On these occasions, we may place limits on the number of accounts you can offer or what resources your account can use in total. This would include any and all subaccounts. We may also offer you the opportunity to increase your limits through various methods at our discretion.
8. BACKUPS AND DATA LOSS
iXist will run a back-up service once daily (stored offsite) and will keep 3 days worth of backups, overwriting any previous backup made. The back-up process is provided as a courtesy, therefore it is recommended users always keep their own back-ups accordingly. iXist is not responsible for files and/or data residing on your account. The user agrees to take full responsibility regarding the maintenance of all appropriate backups and data stored on iXist servers. While iXist does maintain backups of your files and data, we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. Any account/user larger than 5 gigabytes, will be excluded from our backup systems with or without notice, however, all data will continue to be mirrored to a secondary drive (helping to protect your data in case of drive failures). All cPanel backup files, backup -*.tar.gz and cpmove-*.tar.gz, older than 120 hours (5 days) will be removed from the server automatically.
User-Initiated cPanel Back-Ups: Since the backup process which packages and compresses your account can be very resource-intensive (all full cPanel backups should be performed during off-peak times as indicated below). Any backup process found to be running during peak hours will be disabled and possibly suspended.
Users are responsible for ensuring clients websites are backed up, we provide the tools (Jetbackup & cPanel Backup tools) to make it easy to backup each website, we cannot always set Jetbackup to backup every 24 hours on your clients account because the terms of service need to be agreed to by your client. You understand we are not responsible for your client’s backups.
Acceptable time periods to run full cPanel back-ups (off-peak hours): Monday through Sunday 10pm-6am GMT.
*If your account is bigger than 5GB in size you can still back up your account by downloading MYSQL via PHPMyAdmin and downloading your core files via FTP.
The user agrees not to attempt to undermine or cause harm to any server or customer of iXist. Failure to comply with this rule will result in the immediate termination of the user’s account
10. UNSOLICITED ELECTRONIC MAIL (EMAIL SPAM)
Users are expressly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through these terms of service.
11. SETTING UP YOUR ACCOUNT
The user understands that it may take up to 24 hours for any hosting account to be activated. iXist will set up your account once payment has been received and processed and once your account has been verified. If you do not receive your account information within 24 hours and have not received an email from iXist, please contact us immediately.
The user agrees that all accounts should be set up using a valid and registered domain name.
The user agrees that all domain names associated with an account iXist must be pointing to our servers using the relevant nameservers as set out in your account information email.
The user agrees and understands that any accounts set up with a domain name that has not been registered or which is using a domain name that is not pointed to our servers will be terminated without warning. We run our system every 5 days.
These actions are for security, to protect server reputation, resources and avoid misuse of cPanel accounts.
12. TRANSFERRING YOUR WEBSITE
iXist offers a free cPanel migration service for all of our web hosting plans.
This migration service is offered as a courtesy and we cannot guarantee that we will be able to migrate your website. This may be due to any number of outside factors including any limits placed on your account by your previous provider.
iXist takes all reasonable precautions to ensure any information the user submits is protected and not distributed to any 3rd parties. At no point in time, will iXist use any information provided to us for any purpose other than to keep in contact with the user, provide services purchased by the user or verify a user’s identity. We will not disclose any personal information about a user to third parties (without prior written consent).
iXist may disclose users information to law enforcement agencies without prior consent or notification to the user upon receiving a lawful request.
Daily backups (JetBackup) are provided as a courtesy and should not be relied on to replace any of your own backups which should be performed at regular intervals. iXist cannot be held liable for any availability issues of backups including, but limited to:
Daily backups (JetBackup) not performing a specific backup.
Loss of data through a backup not being available.
Any loss of data through client actions.
The availability of JetBackup on our servers.
15. AFFILIATE PROGRAMME & COMMISSIONS
Our affiliate programme is coming soon and more information will be provided shortly.
16. NETWORK STATUS TOOL
This tool shows the latest 90 status notifications of our current servers and is for informational purposes only.
17. SCOPE OF AGREEMENT
This agreement must be honoured by all subdomains and dedicated servers of iXist.
By simply using our website and purchasing our services you are agreeing to these terms, it is your responsibility to keep up to date with these terms of service and ensure you agree to them.
Our support agents are available to a user with server related issues or questions only.
In the first instance please see our support pages and knowledgebase before opening a support ticket as there are many useful hints and tips available to help you.
Please note that the managed services we offer are for the server only. We are happy to help with other queries, however a user understands that they should have some knowledge in order to get the best out of our services. Our support teams cannot answer questions about all aspects of web hosting and we encourage you to seek out the answers for yourself.
19. SERVER RESOURCES
Server resources are provided as-is. A user account is provided in a shared hosting environment and we are unable to increase resources for any particular account for any reason. This is to protect all server resources from abuse. As this is a shared hosting environment, certain features are unavailable on cPanel and/or WHM which would normally be available on a dedicated service such as VPS or Dedicated Server. This is industry standard and as with server resources, we are unable to provide access to any other features not shown on a cPanel or WHM account.
20. THIRD PARTY SOFTWARE
Our servers use third-party software to help provide a better experience for our users. iXist cannot be held liable for the functionality or availability of any third-party plugin. Whilst we monitor all plugins and software provided by third parties carefully, we cannot guarantee these plugins