Nyx Host is a website hosting service provider, our policy is to be a neutral provider of website hosting to the global Internet. We reserve the right to suspend or terminate any customer’s account and access to any or all services provided, when we feel that the customer’s account has been used inappropriately.

Nyx Host (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Customer or Subscriber (“The Subscriber”) is any individual or company that is granted access by The Company to The Company’s server resources.

Services or Service is the storage and delivery of electronic files over the Internet through the HTTP, HTTPS, FTP, SFTP, POP, IMAP, and SMTP protocols.

Use of Service constitutes acceptance and agreement Nyx Host’s TOS (Terms of Service).

The Subscriber agrees that any changes TOS by the Company shall not be grounds for early contract termination or non-payment.

1. Disclosure:
The AUP specifically prohibits the use of The Company’s services for illegal activities. Therefore, the Subscriber agrees that the Company may disclose subscriber information including assigned IP numbers, account history, account use, etc. to a law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, the company shall have the right to terminate all service set forth in this Agreement upon evidence of illegal activity. Termination by the cause of illegal activity is not subject to any refund.

2. Service Rates
The Subscriber acknowledges that the nature of the services furnished and the initial rates, fees and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. Any promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. The Company will provide 30 days notice via email to any Subscriber affected by a rate change. Any rate changes will take effect at the end of the Subscriber’s current payment term. If the Subscriber wishes to terminate services upon receipt of the rate change notice, they may do so without penalty at the conclusion of the current payment term.

3. Payment
Establishment of, and continued access to, the services provided by The Company, is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the payment term for that terms’s service. The Subscriber agrees that the Company may automatically charge subscriber`s credit card at the end of each payment term. This charge will cover the next payment term’s services. The Company reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date. Subscribers who pay manually by invoice will receive an invoice 15 days prior to the conclusion of the current payment term. All fees for the next payment term must be paid by the end of the current payment term.

4. Payments and Fees
Subscriber’s access to the Company’s services will be suspened on all accounts that reach 5 days past due. Payments not made by the end of the current payment term will be deemed past-due. If a payment is not received after 5 days following the invoice due date, the Company will suspend Services. Reactivation of Services is contingent upon payment of all amounts due, plus a 10% late fee. Any account which remains in suspended status for over 30 days will be terminated and data removed.

5. Refund and Disputes
All payments made to the Company are non-refundable, except for the first payment made upon the opening of a new account, which falls under a 30 day money back guarantee. The 30 day money back guarantee is not valid upon any TOS violations. The 30 day money back guarantee only applies to new clients opening new accounts, and NOT new services setup by existing clients on existing accounts. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.

6. Failure to Pay
The Company will suspend the account of (and temporarily deny Service), or terminate this Agreement, and all Services provided, upon the failure of the Subscriber to pay charges when due.

7. Account Cancellation
All requests for canceling accounts must be made via the Company’s billing system at https://www.nyxhost.com/supercomputer. Subscribers who request cancellation will have their accounts closed at the end of the current payment term. No refunds will be issued for canceled accounts (with the exception of new accounts in their first 30 days of service).

8. Availability
The Subscriber agrees that the Services provided by The Company are of such a nature that they can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages caused by service interruption, or the inability for The Company to provide Services on a temporary basis. In no event shall the company be liable for any special or consequential damages, loss or injury.

9. Support Boundaries
The Company provides support and assistance related to our Services to Subscriber. However, The Company is only responsible for the general availability of Services. The Company does not offer support or assistance for application specific issues, including, but not limited to support of: cgi, php, html or other such issues. The Company will not provide support to any of Subscriber’s customers. All requests for technical support must be made through the Company’s support ticket system at https://www.nyxhost.com/supercomputer. The Company makes any and all best efforts to provide fast and immediate response to support requests, but does not guarantee any specific response or resolution time. If immediate resolution is not possible, Company will provide a time estimate for resolution in its response.

10. SPAM and Unsolicited Commercial Email (UCE)
The Company takes a “zero tolerance approach” to the sending of Unsolicited Commercial Email (UCE) or SPAM using our Services. Subscriber and any other parties granted access to the Company’s Services by Subscriber may not use, or permit others to use, our Services to transact in UCE. Subscribers may not host, or permit hosting of, files, websites, or any other information that is advertised by UCE from any other source.

a. Within 48 hours of notification of any alleged violation of our SPAM or UCE policy, the Company will begin an investigation. During the investigation, the Company may restrict Subscribers’ access to the Company’s Services.

b. If Subscriber is found to be in violation of Company’s SPAM policy, Company may at its sole discretion, suspend or terminate Subscriber’s account. Further, Company reserves the right to pursue legal remedies for any costs associated with the investigation of a substantiated policy violation, and will notify law enforcement officials if the violation is believed to be a criminal offense.

c. Subscribers are ultimately responsible for the actions of anyone they allow, with or without granted permission, to access the Services provided by Company.

d. Subscribers using Company’s Services that support persons involved in SPAM or UCE, or cause any of Company’s Inernet Protocol (IP) addresses to be listed in any of the various anti-spam databases will have their access to services immediately suspended. Access to Services will not be restored until such time that Subscribers agrees to remove ANY and ALL traces of the offending material mmediately upon restoration of access. Subscriber must also agree to allow Company access to the account, to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent termination of Services without advanced notice to the customer. Any Subscriber guilty of a second violation WILL have their Services immediately and permanently terminated without advanced notice. Termination by the cause of SPAM or UCE activity is not subject to any refund.

11. Network

a. IP Address Ownership: If Company assigns Subsubscriber an IP address for Subscribers’s use, the right to use that IP address shall belong only to Company, and Subscriber shall have no right to use that IP address except as permitted by Company’s sole discretion in connection with the providing of Services. During the term of Services provided to Subscriber, Company shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Company. Company reserves the right to change or remove any and all such Internet Protocol numbers and addresses at in its sole discretion.

Note: Allocation of IP addresses is limited by specific ARIN (American Registry for Internet Numbers) policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. Subscriber MUST use name-based hosting where possible. Company will periodically review IP address usage, and if Company finds find that Subsciber is using IP addresses where name-based hosting could be used, Company will revoke authorization to use those IP addresses that could be used with name-based hosting.

b. Bandwidth Usage. Nyx Host will monitor Customer’s bandwidth. Nyx Host shall have the right to take corrective action if Customer’s usage negatively impacts other clients.

Subscriber is allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package. Should Subscriber’s account pass the allocated amount, Company reserves the right to suspend access to Services until the start of the next allocation, or suspend access to Services until more bandwidth is purchased at an additional fee, or suspend access to Services until Subscriber upgrades to a higher level of package, or terminate Services and/or charge Subscriber an additional fee for the overages. Unused transfer from one month cannot be carried over to the next month.

c. System and Network Security: Subscribers are prohibited from violating or attempting to violate the security of the Company’s Services. Violations of security may result in civil or criminal liability. Company will investigate occurrences, which may involve such violations, and may involve and/or cooperate with law enforcement authorities in prosecuting Subscribers who are involved in such violations. These violations include, without limitation:

i. Accessing data not intended for Subscriber, or accessing computer servers or computer accounts, which such subscriber is not authorized to access.

ii. Attempting to scan, probe or test vulnerabilities of a computer server, computer system or computer network, or to breach any security or authentication measures without proper written authorization.

iii. Attempting to interfere with Service to any other of the Company’s Subscribers, or any other general user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.

iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

v. Taking any action in order to obtain Services to which such Subscriber is not entitled.

d. Resource Usage. Subscriber may not:

i. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

ii. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

iii. Run any type of web spider or indexer (including Google Cash / AdSpy).

iv. Run any software that interfaces with an IRC (Internet Relay Chat) network.

v. Run any bit torrent application, tracker, or client. Subscriber may link to legal torrents off-site, but may not host or store them.

vi. Participate in any file-sharing/peer-to-peer activities.

vii. Run any gaming servers such as Counter-Strike, Half-Life, Battlefield1942, etc

viii. Run cron entries with intervals of less than 15 minutes.

ix. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php“) use include(“include.php”)

e. INODES
The use of more than 250,000 inodes on any single account may potentially result in a warning first. If Subscriber takes no action, Services may be suspended. Subscriber accounts found to be exceeding 100,000 inodes will automatically be removed from any backup system to avoid over-usage. Note: Every file (a webpage, image file, email, etc) on your account uses 1 inode.

Subscriber accounts that slightly exceed inode limits are unlikely to be suspended. However, Suscriber accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.

The primary cause of excessive inodes is likely due to Subscribers leaving a catchall address enabled, and never checking the primary account mailbox. Over time, tens of thousands of messages build up, eventually pushing the account past inode limits. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

f. Backup Limit
Any Subscriber account using more than 20 gigs of disk space will be removed from any off site weekly backup, with the exception of databases continuing to be backed up. This only applies to accounts eligible for off site backups.

12. Notification of Violation:

a. Company is under no obligation to look at each Subscriber or user’s activities to determine if a violation of the TOS has occurred, nor does Company assume responsibility through our AUP to monitor or police Internet-related activities.

b. First violation: Any Subscriber, which Company determines to have violated any element of the TOS, shall receive an email warning them of the violation. The Service may be subject at Company’s discretion to suspension pending Subscriber’s agreement, in writing, to refrain from any further violations.

c. Second Violation: Subscribers that Company determines to have committed a second violation of any element of the TOS, shall be subject to immediate termination of Services without advanced notice.

d. Company reserves the right to suspend Services of Subscriber if Subscriber’s account is involved in SPAM or Denial-of-Service complaint, if it is clear that the offending activity is causing great harm to parties on the Internet. In certain rare cases, Company may suspend Services before attempting to contact Subscriber.

13. Modification of Agreement
Company reserves the right to amend its policies at any time. All Subscribers must adhere to the policies. Failure to follow any term or condition will be grounds for immediate termination of Services. Subscriber will be held responsible for the actions of anyone allowed (without or without direct permission) access to Services in the matter described on in the TOS.

14. Indemnification
Company emphasizes that in accessing Services, Subsubscriber is agreeing to the TOS. Subscriber indemnifies Company for any violation of the TOS that results in loss to Company or the bringing of any claim against Company by any third-party. This means that if Company is sued because of Subscriber’s activity, or the activity of anyone allowed (with or without direct permission) by Subscriber to access Company’s Services, Subscriber will pay any damages awarded against Company, plus all costs and attorney’s fees.

Subscriber agrees that it shall defend, indemnify, save and hold Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Company, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Company against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Company; (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 customers from Company’s server.

15. Arbitration
By using any Company Services, you agree to submit to binding arbitration. If any disputes or claims arise against Company or its subsidiaries, such disputes will be handled by an arbitrator of Company’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of California. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

16. Damages
Subscriber acknowledges that the Service provided is of such a nature that services can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, Subscriber agrees that Company shall not be liable for any damages arising from such loss of Service for any reason. In no event shall Company be liable for any special or consequential damages, loss or injury.

17. Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from, or notice to Subscriber. Company reserves right to cancel Subscribers rights under this contract at anytime without further obligation.

c. Company takes no responsibility for any material input by others and not posted to the Company’s Services. Company is not responsible for the content of any other websites linked to the Company Services; links are provided as Internet navigation tools only. Company disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.

d. Company is not responsible for any damages Subscriber, or Subscriber’s business may suffer. Company does not make implied or written warranties for any of our services. Company denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Company.

18. Responsibility for Content
You, as Company’s customer, are solely responsible for the content stored on and served by Services provided to you by Company.