auStrix Terms of Service (TOS)

ACCEPTANCE OF TERMS

auStrix Technologies LLC ("auStrix") welcomes you.

auStrix provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.austrix.com/tos.html. In addition, when using particular auStrix owned or operated services, you and auStrix shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. auStrix may also offer other services that are governed by different Terms of Service.

DESCRIPTION OF SERVICE

auStirx provides users with access to a their registered domain name, web/email hosting, resources including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include certain communications from auStrix, such as service announcements, administrative messages and the auStrix Newsletter, and that these communications are considered part of auStirx membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new auStrix properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that auStirx assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

You agree to NOT use the Service to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a auStrix official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; This includes linking to or redirecting to any content or copyright files hosted on a 3rd party resource / servers.
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. upload, post, email, transmit or otherwise make available any material that is of keylogging / proxy service / irc / shell(s) if any type / file hosting / file sharing types.

   Service Rates: 
   
   Subscriber acknowledges that the nature of the service furnished and the initial rates 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. The 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.
   

   Payment: 
   
   Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month/year for that month's service. The above applies to all accounts and services provided by auStrix.
   

   Payments and Fees: 
   
   Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a USD.50 reconnect charge. Accounts not paid by due date are subject to a USD.10 late fee for shred hosting, USD.20 for Reseller Hosting & USD.50 for each dedicated server. Accounts that are not collectable by auStrix may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
   

   Refund and Disputes: 
   
   All payments to auStrix are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.
   

   Failure to Pay: 
   
   The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. End customers affected by a resellers failure to pay their dues, will be able to contact auStrix and receive service directly only after the servers have been canceled.
   

   Account or Service Cancellation: 
   
   All requests for canceling accounts must be made in writing with at least 7 days prior written notice (or Helpdesk ticket submission) and sent to auStrix helpdesk at http://my.auStrix.com/portal/ from your registered email id used while ordering the same service for which cancellation is being made. Account cancellations from any other email id would not be accepted and continued to be billed. Services which are active will be billed to customer till the end of the active service/contract period, unless it was cancelled before the generation of invoice.
   

   Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
   

   Support Boundaries: 
   
   auStrix, provides technical support to our subscribers at all times. We limit our technical support to our area of expertise. The following is our guidelines when providing support: auStrix provides support related to your server or virtual site physical functioning. auStrix does not offer tech support for application specific issues such as asp/asp.net/cgi/python/or any other programming, html or any other such issue. We only provide support on the softwares we installed during the server setup and provided by us, the support for the same is subject to the support policy of the principle software developers. auStrix does not provide technical support for YOUR customers. If you can email, we encourage you to email support@auStrix.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it for assistance, we also encourage you to check our extensive knwoledgebase area for finding support on this.
   

   Spam:
   
   Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Users found to be conducting unsolicited mass mailing will be fined an additional USD.200 Penalty. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.

   You agree that if your agent (i.e. and Internet Service Provider, Web design company, employee, etc) purchased the services of the Company on your behalf, you shall nonetheless be bound as a principal by all the terms and conditions herein.

   Other 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 waiver by the Company of any breach of any provision of this Agreement by customer/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.

   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 customers rights under this contract at anytime without further obligation.

   auStrix takes no responsibility for any material input by others and not posted to the auStrix Network by auStrix. auStrix is not responsible for the content of any other websites linked to the auStrix Network; links are provided as Internet navigation tools only. auStrix 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.

   auStrix is not responsible for any damages your business may suffer. auStrix does not make implied or written warranties for any of our services. auStrix 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 auStrix.

   It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

   Responsibility for Content: You, as auStrix's customer, are solely responsible for the content stored on and served by your auStrix server.

   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.
   

   auStrix may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships auStrix has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by auStrix and not by the Third Party Vendor. Neither auStrix 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 auStrix 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 auStrix 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 auStrix 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.
   

   Force Majeure: Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.
   

   Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.
   

   Disclosure to Law Enforcement:
   
   Our TOS specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request/Court order without further consent or notification to the Subscriber. In addition auStrix shall have the right to terminate all service set forth in this Agreement.
   

   Jurisdiction

   The laws of the United Arab Emirates shall govern this agreement

   In any event of dispute the area of Jurisdiction would be Government Dubai only.
   

   Acknowledgement

   By placing, hiring and continuing to maintain or place information at auStrix's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.