Netrix Hosting Hosting Services Agreement (Terms & Conditions)

This Hosting Services Agreement (the "Agreement") is made between Netrix Hosting (referred to as "we", "us", or "the Company") and the individual or entity who signs up for or uses our web hosting or domain services (the "Customer" or "you"). This Agreement governs your use of the Company's managed web hosting and domain registration services ("Services"). By ordering or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

1. Summary

The following key terms are a quick summary of our Terms and Conditions. They are provided for convenience only and do not replace the full Agreement below. By using our Services, you agree to all the terms in this Agreement:

• Cancellations: You must request cancellation of Services at least 24 hours before the next renewal date to avoid being charged for the next billing cycle.
• Prohibited Content: Illegal content or any use of our services for unlawful activities is strictly prohibited. You are also not allowed to engage in abusive behavior toward our staff or other customers.
• Payments: Services are prepaid. Failure to pay on time may result in account suspension after 10 days of non-payment. Outstanding debts may be sent to collections if not resolved.
• Money-Back Guarantee: We offer a 30-day money-back guarantee on hosting service fees for new customers (conditions apply). Domain registration fees and certain add-ons are non-refundable.
• No Warranty: Our services are provided on an "as is" basis. We do not guarantee 100% uptime or uninterrupted service, and our liability is limited as described below.
• Governing Law: This Agreement is governed by the laws of the State of Wyoming, USA.

2. Services

Subject to your compliance with this Agreement (including payment of all fees), we agree to provide the web hosting and related services as described in your service order (the "Order") for the fees and term indicated. Services may include managed web hosting and domain name registration, as specified in the Order. We may require you to meet certain credit or eligibility criteria before activating services.

If you register a domain name through us, the registration is subject to availability and the rules of the relevant domain registry and ICANN. We will make reasonable efforts to register or renew domain names you request, but we do not guarantee that any domain you seek will be successfully registered or renewed.

You are responsible for providing accurate information for the domain registration (see Section 5) and for renewing your domain name before it expires. The Company is not liable for any failure to register or renew a domain, or for loss of a domain name, if such failure or loss is due to your delay, your provision of incorrect information, or actions of third parties (such as the domain registry or ICANN) outside of our control.

3. Term and Renewal

The initial term of this Agreement begins on the date we send you an email confirming that your account has been activated ("Service Commencement Date"). The term will continue for the period you selected in your Order (e.g., monthly, quarterly, annual, etc., the "Initial Term"). Upon expiration of the Initial Term, this Agreement will automatically renew for successive periods equal to the Initial Term (each a "Renewal Term") unless either party gives written notice of non-renewal at least 24 hours before the end of the current term. Together, the Initial Term and any Renewal Terms are the "Term" of the Agreement.

a. Fees

You agree to pay the fees for the Services as stated in your Order. All fees are payable in advance on the first day of each billing cycle. Your billing cycle is stated in the Order (e.g., monthly or annually) and begins on the Service Commencement Date. We may require the first payment before we start providing Services. By providing a credit or debit card for payment, you authorize the Company to automatically charge that card on or after the first day of each billing cycle for recurring fees. If you are invoiced instead, invoices will be sent to the primary email on file and are due upon receipt (or by the due date on the invoice, typically within 10 days).

All payments must be made in U.S. dollars. You are responsible for keeping your billing information current (e.g., if your card expires or your billing address changes, you must update it). We may, at our option, accrue minor charges (for example, under $10) and process them together. If any payment is more than 10 days overdue, we reserve the right to suspend your Services without further notice. Fees not disputed within 60 days of the invoice date are considered final and accepted by you. You agree to pay any reasonable costs we incur to collect overdue amounts, including collection agency fees, attorneys' fees, and court costs.

If your hosting plan includes a specified resource quota (such as bandwidth or storage), usage in excess of that quota may incur additional charges at our standard overage rates (for example, $1.00 per 10 GB of data transfer over your plan's limit), unless otherwise stated. Any such overage fees will be added to your next invoice or charged immediately at our discretion.

b. Fee Increases

We may change the fees for any Service for upcoming Renewal Terms. If we do, we will provide you notice of the new rates at least 60 days before the start of the Renewal Term to which the price change will apply. If you do not agree to pay the new fees, you must notify us in writing of your intent not to renew (as described above in Section 3) before that Renewal Term begins. If you continue to use the Services into the Renewal Term, the new fees will apply to that term and any subsequent terms unless changed in the same manner.

c. Early Termination

You acknowledge that our pricing and discounts are based on your agreement to use our Services for the full Term. If you terminate the Service before the end of the Initial Term (or if we terminate it due to your breach), you will be responsible for all fees for the remaining portion of the term, which will become immediately due and payable. Similarly, if we have agreed on a special rate for a Renewal Term and you terminate early, the full fees for the Renewal Term will be due.

To cancel your service, you must submit a cancellation request through the Client Area (or in writing) at least 24 hours before the next renewal date. Cancellations received after that deadline may result in your service continuing into the next term and you will be responsible for the associated fees for that next billing cycle.

4. Acceptable Use Policy (AUP) and Compliance with Law

You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations. You must also adhere to our Acceptable Use Policy ("AUP"), which sets forth additional rules for using our Services. The following activities and content are strictly prohibited on our hosting platform:

• Illegal Activities: Using the Services to engage in, promote, or facilitate any illegal or fraudulent activities (including hacking, piracy, distributing counterfeit goods or illegal drugs).
• Infringing Content: Hosting, transmitting, or accessing content that infringes on any third party's intellectual property rights (such as copyrighted material you do not have the right to use, or trademarked content used without permission).
• Harmful Content: Uploading or distributing viruses, malware, or any other harmful code. Using the Services to attempt unauthorized access or attacks on other computers, networks, or services (e.g., DDoS attacks, phishing, or spreading malware) is prohibited.
• Spam and Exploits: Sending unsolicited bulk emails (spam) through our servers, or maintaining open email relays. Using the Services to host or distribute software for sending spam, mail fraud schemes, or other fraudulent or deceptive content is not allowed.
• Offensive or Abusive Content: Hosting content that is excessively violent, harassing, or hateful, or that incites violence or illegal actions. While we generally do not monitor or censor content, we reserve the right to determine if content is abusive or poses legal liability.
• Pornography and Exploitation: Child pornography or any content that exploits minors is strictly forbidden and will be reported to law enforcement. Any adult-oriented content must be legal under all applicable laws.
• Resource Abuse: Using the Services in a manner that disrupts the performance for other customers or our network, such as intentionally overloading servers, running malicious scripts, or other activities that significantly consume network or system resources.

You agree to cooperate with us in any reasonable investigation of your compliance with this AUP. We may update or amend the AUP from time to time to further detail or describe reasonable restrictions on use; such changes will be effective upon notice to you or publication as part of this Agreement (as described in Section 19). In the event of a dispute between us and you regarding the interpretation of the AUP, our reasonable determination shall control.

5. Customer Information and Account Security

You represent and warrant that all information you provide to us for establishing and maintaining your account (including contact information and billing details) is truthful, accurate, and up-to-date. You must promptly notify us of any changes to this information (for example, through the Client Area or support channels). We will rely on the contact and account information you provide for all communications and Service matters.

If you are an individual, you represent that you are at least 18 years of age or the applicable age of majority in your jurisdiction, and legally competent to enter into this Agreement. If you are signing up on behalf of a company or organization, you represent that you have the authority to bind that entity to this Agreement.

You are responsible for maintaining the security and confidentiality of your account credentials (such as usernames, passwords, and API keys). Any actions taken using your account credentials are conclusively presumed to be authorized by you. If you become aware of any unauthorized use of your account or breach of security, you must notify us immediately. We are not liable for any loss or damage resulting from unauthorized access to your account due to your failure to secure your credentials.

For domain name registration services: when registering a domain through us, you must provide accurate and current information as required by the domain registry and ICANN, including your full name, address, email, and phone number for the registrant and contacts. Providing false or misleading information in connection with a domain registration may result in suspension or cancellation of the domain. You acknowledge that domain registration information (WHOIS data) may be publicly accessible unless you use a privacy protection service. It is your responsibility to understand and comply with any domain name registration policies, including ICANN rules, that apply to your domain.

6. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services (or use by anyone using your account, whether or not authorized by you) in violation of this Agreement, or (b) your violation of any law or infringement of any third-party rights (including intellectual property rights). This indemnification obligation will survive the termination or expiration of this Agreement.

7. Disclaimer of Warranties

We provide the Services on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. We do not guarantee that the Services will be uninterrupted, error-free, or completely secure. To the maximum extent permitted by applicable law, we disclaim all warranties including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information given by our employees, agents, or support channels will create any warranty not expressly stated in this Agreement.

8. Limitation of Liability

To the fullest extent permitted by law, neither the Company nor its affiliates, nor any of their respective employees or agents, will be liable to you for any indirect, incidental, special, consequential, or punitive damages (including lost profits or revenue, loss of data, or loss of business opportunities) arising out of or relating to the Services or this Agreement. The Company's entire liability to you for any claim arising from or related to this Agreement or the Services shall not exceed the amount you paid to us for three (3) months of service at the rate in effect when the claim arose. This limitation applies regardless of the legal theory of liability (contract, tort, strict liability, or otherwise), and even if we have been advised of the possibility of such damages. You acknowledge that this limitation of liability is an essential part of this Agreement, and absent such limitation, the fees for the Services would be higher.

9. Suspension of Service

We may suspend your account or any Services without prior notice and without liability, under the following circumstances:

• AUP Violations: We have reason to believe that you (or someone using your account) has violated the Acceptable Use Policy or engaged in any prohibited activity as described in Section 4.
• Investigations: You fail to cooperate with our investigation of any suspected violation of this Agreement or the AUP.
• Threats to Network: We determine that suspension is necessary to protect our network, infrastructure, or other customers (for example, if your server is under a DDoS attack or is causing instability).
• Legal Requirement: We are directed to suspend service by law enforcement or a regulatory agency, or we become aware of facts that make continued service legally prohibitive.
• Non-Payment: You are overdue on payment of any charges and have not cured that payment default within the allowed grace period (see Section 3a).
• Abusive Behavior: You engage in harassing, threatening, or abusive behavior towards our staff or other customers.

In the event of a suspension, we may (but are not required to) notify you of the reason and any steps needed to lift the suspension. Fees will continue to accrue during a period of suspension, and you will remain responsible for all charges even while service is suspended. We are not liable for any losses or damages you may suffer as a result of a service suspension as permitted under this Agreement.

10. Termination

Either party may terminate this Agreement under the following conditions:

• By Customer (for Cause): You may terminate this Agreement before the end of the Term if we materially fail to provide the Services as promised and do not cure that failure within ten (10) days after you provide us with written notice describing the problem.
• By Company (for Cause): We may terminate this Agreement (and shut down your account) prior to the end of the Term if:
  • Payment Default: You are more than ten (10) days late on any payment owed and fail to pay in full within that ten-day notice period.
  • Other Breach: You violate any other material provision of this Agreement (including the AUP or any other policy incorporated herein) and do not remedy the breach within thirty (30) days after we provide written notice to you describing the violation.
  • Repeated Violations: Your account is found to be in material violation of the AUP or other terms more than once, even if you cure the previous violation(s). In this case, we reserve the right to terminate the Service on short notice (for example, 24 hours notice or even immediate termination if necessary to prevent ongoing harm).
  • False Information: You provided false contact or billing information, or otherwise misrepresented material facts to us (for example, regarding your identity or the nature of your use of the Service).
  • Insolvency: Either party may terminate this Agreement upon written notice if the other party (i) admits insolvency or is unable to pay its debts as they become due; (ii) makes an assignment for the benefit of its creditors; (iii) files for bankruptcy or similar protection (or has an involuntary petition filed against it that is not dismissed within 30 days); or (iv) has a trustee or receiver appointed over all or a substantial part of its assets.

If we terminate the Agreement under this section, we may delete or disable access to your data immediately and without providing backups (see Section 13 regarding data backup). If appropriate and lawful, we will attempt to provide you with a backup or allow you to retrieve your content, but we are not obligated to do so, especially if the termination was due to your breach or unlawful content. No refund will be provided if the termination is due to your breach of this Agreement.

11. Money-Back Guarantee and Refunds

We offer a 30-Day Money-Back Guarantee for new customers on our hosting services. If you are not satisfied with our hosting service, you may cancel your account within 30 calendar days from the Service Commencement Date and request a full refund of the hosting fees paid for that initial period. This money-back guarantee is subject to the following conditions and exceptions:

1. New Customers Only: The 30-day money-back guarantee applies only to your first order of hosting services with us. If you have been a customer before, or if you had a previous account that was canceled or terminated, you may not be eligible for this guarantee.
2. Hosting Services Fees: The refund covers fees paid for hosting service plans only. Domain name registration fees, setup fees, SSL certificates, software license fees (e.g., control panel licenses), or any add-on services are non-refundable. This is because third-party costs may be involved that we cannot recoup.
3. Free Domain Name Promotions: If your hosting plan included a "free" domain name and you cancel within the 30-day period, the standard retail cost of the domain registration may be deducted from your refund. You will retain ownership of the domain name in such cases, and you may transfer it to another registrar or continue to use it until the end of its registration period.
4. Termination for Cause: If your service is suspended or terminated by us due to a violation of our TOS/AUP or other breach of this Agreement, the Money-Back Guarantee is void. Customers terminated for cause are not eligible for refunds.
5. Service Usage: If you have used the service in a way that is prohibited or has caused damage (for example, violation of Section 4 or excessive use of resources for unlawful purposes), we reserve the right to deny a refund.
6. Refund Process: To request a refund under this guarantee, you must explicitly cancel the service within the 30-day window and contact our billing support to request the refund. Eligible refunds will be processed within a reasonable time (typically 10 business days) back to the original payment method.

No refunds will be given for cancellation requests made after 30 days from the commencement of service. After the 30-day window, any cancellation will be effective at the end of the current billing cycle and no pro-rata refunds will be issued for unused time.

12. Requests for Customer Information

You agree that we may, without liability to you, disclose information about you, your account, and your use of Services to third parties if such disclosure is: (i) necessary to comply with any applicable law, regulation, legal process, or governmental request (for example, a subpoena, court order, or law enforcement inquiry); (ii) necessary to respond to an emergency that poses an immediate risk to health or safety; (iii) required to investigate or respond to potential violations of law or our policies (including the AUP), or to protect our rights, property, and safety or those of our customers or the public; or (iv) required by our domain name registration partners or other service providers in connection with services you have ordered (for example, providing your domain WHOIS information to the domain registry as required by ICANN policies). We may also in our discretion report to law enforcement any content or activity that we suspect violates the law.

13. Data Backups

You are responsible for maintaining current backups of all content and data stored on the Services. While we may provide certain backup tools or perform routine backups for server management purposes, the Customer is ultimately responsible for backing up their data. We do not guarantee that any backups we may perform will be available, complete, or up-to-date. You should not rely on the Company to keep copies of your content. In the event of data loss or corruption, it is your responsibility to have your own backups available for restoring your content.

14. Changes to Service and Network

We reserve the right to upgrade, modify, or alter our network, infrastructure, software, and the Services at any time in our commercially reasonable discretion. Such changes may include, but are not limited to, changing hardware configurations, updating software versions, adding or removing service offerings, or changing third-party service providers. You acknowledge that these changes may affect the display, operation, or performance of the Services or your hosted content and applications. The Company shall not be liable for any harm or damages resulting from such changes, provided that we implement them in a commercially reasonable manner. We will endeavor to minimize impacts on customers and, where feasible, to provide advance notice of significant changes. However, emergency or security-related updates may be made immediately and without advance notice.

15. Notices

To the Customer: We will send official notices to you via email to the primary email address listed on your account (or via a support ticket in your account portal). You are responsible for keeping that email address current and reachable. Notice is considered delivered to you as of the date we send the email or ticket message, whether or not you actually receive or read it on that day.

To the Company: You must send notices to us regarding this Agreement or the Services by submitting a support ticket through the Client Area or by using the contact method designated on our website for legal notices. Alternatively, written notices can be mailed to our business address as listed on our website (with an email copy to our support team for quicker handling, if possible).

Either party may update its notice contact information by providing written notice of the change to the other party in accordance with this section.

16. Force Majeure

Neither party shall be in breach or liable for any failure or delay in the performance of its obligations (except for payment obligations) if such failure or delay is due to events beyond that party's reasonable control. Such force majeure events include, but are not limited to: natural disasters (e.g. earthquakes, hurricanes, floods), fire, epidemic or pandemic, acts of government or regulatory agencies, war, terrorism, civil unrest, strikes or labor disputes, failure of utility or telecommunications infrastructure, or other events of a magnitude or type for which precautions are not generally taken in the industry. The affected party shall give notice to the other party of the force majeure event and use commercially reasonable efforts to resume performance as soon as possible. The time for performance will be extended by the duration of the force majeure event.

17. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law principles. You agree that the exclusive jurisdiction for any disputes arising out of or relating to this Agreement or the Services shall be the state and federal courts located in the State of Wyoming, and you consent to the personal jurisdiction of such courts.

Notwithstanding the foregoing, the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

18. Intellectual Property Rights

Each party retains all rights to its trademarks, trade names, logos, patents, copyrights, trade secrets, and other intellectual property ("IP"). You acknowledge that all software, technology, and IP we use to provide the Services are the sole property of the Company or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use our hosting platform and any software provided as part of the Service, solely for the term of this Agreement and solely in accordance with this Agreement. You shall not reverse engineer, decompile, or disassemble any software or technology provided by us, except to the extent expressly permitted by law.

You retain ownership of all content, data, and domain names that you store or host on our Services. We do not claim any ownership over your website content or personal data hosted with us. This does not apply to any content or materials we provide to you (such as website templates, stock images, or other Company-owned content); in those cases, the Company or its suppliers retain all ownership rights.

By using our Services, you grant us the right to transmit, use, copy, modify (for technical purposes like compression or backup), and store your content and data as needed to provide the Services (including backing up data, caching content, or distributing content to end users). This license to us is only for the purpose of operating and improving the Service and shall terminate when you remove the content or terminate the Services.

If you provide any feedback or suggestions to us regarding our Services, we may use such feedback without obligation to you.

19. Miscellaneous

• Independent Contractors: The relationship of the Company and Customer is that of independent contractors. This Agreement does not create any partnership, joint venture, or agency relationship. Neither party has the authority to bind the other or incur obligations on the other's behalf without written consent.
• No Waiver: A failure or delay by either party to exercise any right or remedy under this Agreement does not operate as a waiver of that right or remedy. A single or partial exercise of a right or remedy does not preclude any further exercise of the right or any other right or remedy.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by law, and the remaining provisions of the Agreement will remain in full effect.
• Assignment: You may not assign or transfer this Agreement or any of your rights or obligations hereunder without our prior written consent. Any attempted assignment by you without consent will be null and void. We may assign or transfer this Agreement (in whole or in part) to an affiliate or as part of a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
• Amendments: We reserve the right to modify or update these Terms and Conditions or any policy incorporated herein at any time. If we make a material change, we will give you notice by email or by posting a notice on our website. Any modifications will become effective 30 days after such notice or posting. If you continue to use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms. Except for such modifications made by the Company as stated above, any other amendment to this Agreement must be in writing and signed by both parties.
• Entire Agreement: This Agreement, together with your Order, our AUP, Privacy Policy, and any other documents incorporated by reference, constitutes the entire agreement between you and the Company with respect to the Services. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. In the event of a conflict between this Agreement and any policy or document incorporated by reference, the terms of this Agreement shall prevail unless expressly stated otherwise.
• Third-Party Beneficiaries: There are no third-party beneficiaries to this Agreement. This Agreement is for the benefit of you and the Company only and not for the benefit of any other person or entity.
• Survival: Provisions of this Agreement that by their nature should survive termination (such as payment obligations, indemnification, disclaimers of warranty, limitations of liability, and this Miscellaneous section) will survive the expiration or termination of the Agreement.
• Contact Information: If you have any questions about these Terms and Conditions or need to contact us for any reason, please visit our website for our contact details or reach out through the provided support channels.