Last Revised: 7/23/2016

Terms Of Service

The use of services from MAXSERVER CO., LTD [hereafter referred to as “MaxServer”] constitutes agreement to these terms. You may view our Privacy Policy here. You may view our Acceptable Use Policy (AUP) here.

1) Account Setup / Email on File

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with MaxServer, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. MaxServer is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date and only available if your previous hosting company is running cPanel. If your previous company was running a non-standard control panel, there could be a migration fee. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

2) Customer Information

Customer represents and warrants to MaxServer that the information he, she or it has provided and will provide to MaxServer for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to MaxServer that he or she is at least 18 years of age. MaxServer may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

3) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Bulk email will only be allowed on our VPS platform or Dedicated Server, and must abid by all US laws regarding spam, including the CAN-SPAM act.

MaxServer reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

MaxServer reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of MaxServer.

4) Payment Information

You agree to supply appropriate payment for the services received from MaxServer, in advance of the time period during which such services are provided. You agree that until and unless you notify MaxServer of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Invoiced fees may be issued on or before the 7th day before each billing cycle, and the fees shall be due on the 7th day following invoice date. We’ll not charge a late fee

Accounts that are 30 days (Hosting solutions) or 7 days (VPS solutions) or 3 days (Dedicated Server) past due will be automatically deleted from our servers. MaxServer reserves the right to terminate your service at any point after your invoice is overdue, and will not be responsible for any data loss due to termination.

If you wish to restore an cancelled account or receive a backup of a suspended account, there will be a $25.00 fee if there is a backup available. Any special pricing you had on your old account will not transfer to the new account, all new accounts will pay current prices on our website.

MaxServer reserves the right to change the monthly payment amount and any other charges at anytime.

Any chargebacks against MaxServer will occur a $150 chargeback fee.

As a client of MaxServer, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify MaxServer of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by MaxServer. MaxServer reserves the right to bill your credit card or billing information on file with us.

5) Backups and Data Loss

Your use of this service is at your sole risk. This service is provided to you as a courtesy. MaxServer is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on MaxServer servers. You can generate your own backups via the cPanel interface.

6) Cancellations and Refunds

MaxServer reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services without refund.

Cancellations must be done in via the cancellation form provided in the client area. To get to this area please follow these directions: Client Area > Products/Services > View Details > Request Cancellation.

Users may cancel their service at any time during the month, or schedule with us a specific time when service should be discontinued. In order to avoid being charged for service you do not want, be sure to cancel any automatic payments you may have set up, and provide us as much notice as possible prior to cancellation.

MaxServer gives you a 30 day money back guarantee on Hosting solutions and SSL certificates. Virtual Private Server (VPS) have a 3 day money back guarantee. Dedicated Server, License Software don’t have a money back guarantee

There are no refunds on extra service as: administrative fees, addons such as dedicated IPs, install fees for custom software, management services, monitoring, or domain name purchases.

Only first-time accounts are eligible for our money back guarantee. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

7) Resource Usage

7.1) Hosting

  • Daemons/Servers/Shell
    Under no circumstances are you allowed to run any daemons, servers or compile anything under your account without direct permission from MaxServer management. Shell access is meant to be used solely with basic file system usage.
  • System Resources
    You’re not allowed to use an excessive amount of system resources for an extended period of time. If your account is found to be utilizing a large amount of resources we will contact you and give you further information. Under extreme cases suspension may be necessary until the issue can be resolved.
  • Cron Usage
    You may not have cron jobs in intervals lower than 1 minutes a part.
  • 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’re unsure if your intended use violates this TOS please contact us so we can clarify it for you.
  • Inode Limits
    All shared and dedicated hosting plans are limited to 500,000 inodes. Each cPanel account owned by a reseller hosting plan is limited to 500,000 inodes. VPS plans and Dedicated Server do not have an inode limit.
  • Disk Space Usage (Unlimited Plans)
    Your account may not be used as a storage and/or backup space 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. MaxServer reserves the right to suspend/terminate any service for resource abuse at their discretion.

7.2) VPS

  • Fair Share CPU/Cores
    As in all virtual server environments, CPU cores are shared among multiple VPSs. If your VPS is consistently maxing out one full core or more and impacting the performance of other client servers sharing the same host node, we may ask you to reduce your usage. Load may be generated by CPU usage and/or I/O. Disruptive load may result in a reboot, shutdown, and/or suspension of the VPS regardless of the time lapse involved.
  • Dedicated CPU/Cores
    All Dedicated (Dedicated CPU/Cores) VPS service resources, including CPUs, are dedicated to You and are therefore not subject to fair use guidelines
  • Network and I/O
    As in all virtual server environments, Network and disk I/O are shared among multiple VPSs. If your VPS is found to be degrading the connection speed of other VPSs, you will be notified via ticket and asked to reduce your usage. Who are targeted with frequent and/or disruptive attacks may be suspended and/or terminated. In addition, we do not allow port scanning or UDP floods to be sent from our network. Accounts sending floods, port scanning, and/or creating artificial traffic will be suspended and/or terminated.

7.3) Dedicated Server

  • All Dedicated Server service resources, including CPUs, Ram, Network, I/O… are dedicated to You and are therefore not subject to fair use guidelines

8) Suspension/Termination

  • Suspension of Service
    Customer agrees that MaxServer may suspend services to Customer without notice and without liability if: (i)MaxServer reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii)MaxServer reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv)as requested by a law enforcement or regulatory agency. Customer shall pay MaxServer’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
  • Termination
    The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if MaxServer fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by MaxServer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon seven (7) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from MaxServer describing the violation in reasonable detail; (iii)upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv)upon one (1) days notice if Customer violates Section 2 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

9) Law/AUP

Customer agrees to use the service in compliance with applicable law and MaxServer’s Acceptable Use Policy posted at https://maxserver.com/aup.php (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that MaxServer may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of MaxServer’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with MaxServer’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between MaxServer and Customer regarding the interpretation of the AUP, MaxServer’s commercially reasonable interpretation of the AUP shall govern.

10) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. MaxServer does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. MaxServer will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

11) Shared (Non-Reseller Accounts)

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.

12) Price Change

The amount you pay for your services will never increase from the date of purchase. We reserve the right to change prices listed on MaxServer.com, and the right to increase the amount of resources given to plans at any time.

13) Limitation of Damages

Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages. Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of MaxServer and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.

14) Indemnification

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

15) Disclosure to Law Enforcement

MaxServer may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

16) Change to the TOS

MaxServer reserves the right to revise its policies at any time without notice.