Avantex Hosting supplies to the Customer, this Web hosting service, conditional to this Customer Terms of Use.
This agreement represents the complete agreement and understanding between
Avantex Hosting and the account holder (hereinafter called the Customer) and
supersedes any other written or oral agreement. Upon notice published online via
the Avantex Hosting Website.
Avantex Hosting may modify these terms and conditions
as well as our Acceptable Use Policy (AUP),
amplify them, and/or modify the prices, as well as discontinue or change services
offered. It is of the full responsibility of the Customer to stay current with any
changes or conditions set forth in this Terms of Use agreement.
IMPORTANT: USE OF YOUR WEB HOSTING ACCOUNT WITH AVANTEX HOSTING CONSTITUTES YOUR
FULL APPROVAL OF THESE TERMS AND CONDITIONS AS WELL AS OUR ACCEPTABLE USE POLICY (AUP) AND SIGNIFIES THAT YOU ARE IN FULL
AGREEMENT WITH ALL RULES AND REGULATIONS SET FORTH IN THIS TERMS OF USE AGREEMENT.
Updated August 26, 2009, 6.05 AM EST.
1. AVANTEX HOSTING HAS A ZERO-TOLERANCE POLICY TO ANY FORM OF SPAM. ANY AVANTEX CUSTOMER
THAT SENDS SPAM EITHER BY EMAIL OR BY ANY OTHER MEANS WILL HAVE HIS ACCOUNT CLOSED PERMANENTLY
AND NO REFUND WILL BE ISSUED. Spamming is defined by Avantex Hosting as sending 100 or more emails
a day from the same email address. If an Avantex customer wishes to send e-mails to selected
prospective customers, he can provided he or she uses compatible
permission-based email software.
Only use this approved link for that purpose and we will accept your email campaigns
without any problems. Furthermore, if a prospective customer elects to cancel the sending of
any emails in the future, an Avantex client will have to abide by that and stop sending emails to that
person immediately. For more information on
permission-based email marketing
and it's added benefits, please click here.
2. Avantex Hosting makes no warranties of any kind, whether expressed or implied, for
the service it is providing. Avantex Hosting also disclaims any warranty of merchantability
or fitness for a particular purpose. Avantex Hosting will not be responsible for any damages,
directly or indirectly that the customer could suffer in the case of any outage.
This includes, but is not limited to, loss of data resulting from delays, non-deliveries,
misdeliveries, or service interruptions caused by its own negligence, subscriber's
errors or omissions, or due to the fault of third parties or power disturbances.
3. Services provided to the Customer by Avantex Hosting may only be used for lawful
purposes. Transmission or publication of any information, data or material in violation
of any U.S. Federal or state regulation or law is prohibited. This includes, but is not
limited to, material protected by copyright, trade secret or any other statute,
threatening material or obscene material. Avantex Hosting reserves the right to completely
shutdown a website, or to remove any and all materials which infringe on copyright
work. Such materials will be removed at any time upon receiving a complaint and
or notice of copyright infringement.
4. Customer agrees to defend, hold harmless and expeditiously indemnify Avantex Hosting
from any liability, claim, loss, damage or expense arising out of the indemnifying
party's breach or violation of any covenant contained in this Policy and resulting from
the Customer's use of the service.
5. Avantex Hosting accounts cannot be transferred or used by anyone other than the
subscriber. Customers may not sell, lease, rent or assign the connection or parts of
the connection to any party not named in this Policy, except in the case of Avantex's
virtual servers or dedicated servers. Customer may allow FTP access
to Avantex Hosting's servers and host websites for its customers without violating this
Policy, provided Customer only uses it's designated allocated hosting areas and the
conditions that apply to that Customer under the plan he or she has selected.
6. Avantex Hosting reserves the right to cancel any service for any reason without prior
notice. In case of cancellation, unused fees may be returned to the subscriber on a
pro-rata basis. Fees for setup and the first month's service are not refundable. If a
customer re-registers after Avantex Hosting's cancellation of the account without Avantex
Hosting's written consent, Avantex Hosting will cancel Customer's account and all dues and
fees paid to date regardless of whether service has been rendered will be forfeited.
Additionally, any amounts due will be immediately payable.
7. Setup fees are not refundable under any conditions.
8. At the time of account cancellation, a Cancellation Code will be provided.
If accounts are billed in error after the Cancellation date, credits will only be
issued with a valid Avantex Hosting Cancellation Code. If cancellation is done in writing,
it will be the responsibility of the Customer to contact Avantex Hosting for the Cancellation
Code.
9. Additionally, CUSTOMER agrees not to utilize any of Avantex Hosting's Web hosting
services, equipment or email addresses once account has been cancelled.
10. Customer agrees not to transmit, promote, or otherwise make available any software,
product or service that is either illegal or designed to violate this Agreement. Such
software, products or services include, but are not limited to, programs designed to send
unsolicited advertisements (i.e. "spamware") and services which send unsolicited
advertisements.
11. Avantex Hosting requires that its agreements be made with a person who is qualified
to contract. As such, Customer or subscriber must be over the age of eighteen (18) years,
or must be of legal age in his or her country of residence. Otherwise, a parent or
guardian must accept this agreement and enclose the proper payment. Avantex Hosting cannot
accept payments from persons who are not at least eighteen (18) years of age, nor can
we accept agreements from persons who are not at least eighteen (18) years of age, or
of legal age in their country of residence.
12. Customer shall ensure that its use of Avantex Hosting's network services shall not
disrupt Avantex Hosting, its associated networks or equipment forming part of the systems.
In instances in which an excessive amount of system resources are utilized by a
subscriber, Avantex Hosting reserves the right to place CPU process limits on the Customer's
account or any other necessary means to prevent disruption of service to other customers.
Customers shall not transmit any communication where the meaning of the message, or its
transmission or distribution, would violate any applicable law or regulation or would
likely be offensive to the recipient thereof. No message may be mass distributed,
"broadcast," or otherwise sent on an intrusive basis to any Avantex Hosting user or to any
directly or indirectly attached network. Use of Avantex Hosting's connection in a manner
that is disruptive, damaging, unlawful, offensive, or intrusive as determined by
Avantex Hosting shall be considered a breach of this Policy and may result in the complete
cancellation of service. This prohibition extends to sending of unsolicited mass mailings
from another service which in any way implicates the use of Avantex Hosting's services,
Avantex Hosting's equipment or any site hosted on any Avantex Hosting's family of networks located
all over the world.
13. Customer warrants that any material submitted for publication on Avantex Hosting does
not violate or infringe any copyright, trademark, patent, statutory common law or
proprietary interest of others or contain anything obscene or libelous. Avantex Hosting
fully reserves the right to remove any and all materials which infringe on any copyright
work. Such materials will be removed at any time upon receiving a complaint and or
notice of copyright infringement.
14. If Avantex Hosting becomes aware of material that could be infringing on a third
party's copyright, it will initiate an investigation. To conduct an investigation of
copyright infringement, the Complainant must submit at least two items. First,
Complainant must submit a claim in writing with the applicable copyright or trademark
registration number and a copy of the underlying copyrighted work along with the
Customer's materials. Second, Complainant must offer a good faith certification signed
under penalty of perjury. This certification must state that the work is the property
of the Complainant, that the work has been copied and that use of the work is not
defensible. With this information in-hand, Avantex Hosting, at its discretion, may, at any
time deny access to the challenged material of Customer.
15. Use of other organizations' networks or computing resources is subject to their
respective permission and usage policies.
16. For all new domains purchased at www.avantex.org, there is a yearly
non-refundable registration fee. View pricing details on the www.avantex.org
website for more information. It is the customer's responsibility to ensure that any
of his or her's domain names are valid and to ensure they are renewed on time to avoid
any temporary or permanent loss of service.
17. Use of Avantex Hosting's services could involve listing subscriber's
participation in relevant directories, and subscriber expressly grants permission
for such listings.
18. Although all hosting plans permit unlimited data transfer, each plan is subject
to a surcharge in the event usage exceeds the allotted free bandwidth for that plan.
Customer is responsible for charges related to bandwidth exceeding the plan's allotted
data transfer.
19. Digital Millenium Copyright Act: If you believe that your work has been copied
in a way that constitutes copyright infringement by a Avantex Hosting customer ("the
Customer"), you ("the Complaining Party") must first provide Avantex Hosting?s Copyright
Agent with the following information in writing ("the Notification"):
(1) An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest that is allegedly infringed;
(2) A description of the copyrighted work that you claim has been infringed;
if multiple copyrighted works at a single site are covered by a single notification,
then include a representative list of such works at that site;
(3) A description of where the material that you claim is infringing is located on
the site sufficient to permit us to locate the allegedly infringing material;
(4) Your physical address, telephone number, and email address;
(5) A statement that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
(6) A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf.
Avantex Hosting's Copyright Agent for Notice of claims of copyright infringement on its
site is George Baker, who can be reached as follows: gbaker at avantex.org
Once we have received your email complaint, we will notify you of the correct procedure
thereafter to successfully pursue the matter.
Once you have correctly satisfied our Copyright Protection Policies, Avantex Hosting will:
(1) Remove or disable access to the material that is alleged to be infringing;
(2) Forward the written notification to the alleged infringer ("the Customer");
(3) Take reasonable steps to promptly notify the Customer that it has removed or
disabled access to the material.
In response, the Customer may send a "Counter-Notification" to Avantex Hosting. To be
effective, the Counter-Notification must be in writing and include the following
information:
(1) The Customer?s physical or electronic signature;
(2) Identification of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was removed or
access to it was disabled;
(3) A statement under penalty of perjury that the Customer has a good faith belief
that the material was removed or disabled as a result of a mistake or misidentification
of the material to be removed or disabled;
(4) The Customer?s name, address, and telephone number, and a statement that the
Customer consents to the jurisdiction of the Federal District Court in which the address
is located, or if the Customer is outside the United States, for any judicial district
in which Avantex Hosting may be found, and that the Customer will accept service of process
from the person or his agent who provided the original Notification.
Upon receipt of the written Counter-Notification containing the above information
by the Customer, and only upon receiving such Counter-Notification, Avantex Hosting will:
(1) Provide the Complaining Party with a copy of the Counter-Notification;
(2) Inform the Complaining Party that it will replace the removed material or
cease disabling access to it within ten (10) business days;
(3) Replace the removed material or cease disabling access to the material within
ten (10) to fourteen (14) business days following receipt of the Counter-Notification,
provided Avantex Hosting?s Copyright Agent has not received notice from the Complaining
Party that an action has been filed seeking a court order to restrain the Customer
from engaging in infringing activity relating to the material referenced in the
Notification.
20. Any party seeking to report any other potential violations of this Agreement may
contact Avantex Hosting via email at gbaker at avantex dot org.
21. Transferring your domain to another provider does NOT constitute canceling your
Avantex Hosting account. You must notify Avantex Hosting with a minimum 30-day written and signed
notice to formally cancel your account with Avantex Hosting to avoid further charges. Additionally,
all cancellation emails must come specifically from the Customer's domain email address such as customersname@hisdomain.com.
No cancellation emails coming from a Hotmail, Yahoo, GMail or such similar email addresses will be accepted.
22. On occasion, Avantex Hosting may have a need to communicate with its customers through
email issues related to billing, as well as changes, additions and modifications to the
network. It is the responsibility of the customer to check email sent to the primary
login email address on the account.
23. It is the responsibility of the customer to contact Avantex Hosting of any changes to
their account, such as phone number, address, credit card information, etc. Customers will
be required to provide verification for security purposes authorizing them to make any
changes to that account.
24. As/of April 11, 2007, Avantex Hosting fully prohibits any CGI-bin access on all its
Windows virtual servers and on all its standard Windows hosting accounts, with the exception
of a fully dedicated Windows server rented monthly by one of its direct end-user and that the
end-user is fully responsible for. On Avantex's Linux servers, Customers of Avantex Hosting will
be fully responsible for any CGI, PHP, ASP, Java, Perl or any other script or similar scripting
program or software that the customer wishes to have Avantex Hosting install on its servers.
Additionally, Avantex Hosting will refuse installation and access to such scripts or programs,
unless they have been fully examined and verified by a qualified Avantex Hosting technician, and
that such scripts or programs have been confirmed safe by Avantex Hosting to install on its servers.
Such a verification and approval process costs $ 50.00 plus applicable provincial taxes and GST, and
the customer needs to pay Avantex Hosting in advance for this necessary service. It is also the
responsibility of the customer to ensure that any scripts or scripting programs are free of any breach of
security defects and that they remain in good operating condition at all times. Any scripts or any
scripting programs that are deemed vulnerable to a security breach or exploit will be immediately removed
and all CGI or script access will be removed and a notification email will be sent to the customer. Once
the customer has remedied and repaired the defective script or scripting program in cause, Avantex
Hosting will have to re-examine said script, and there will be a $ 50.00 verification fee, plus applicable
taxes for the service. The customer or his Web designer are responsible for the proper operation of any
scripts or scripting programs at all times.
25. Customers don't have permission to install any programs or scripts that could cause Avantex's
servers or its network to slow down or to negatively affect the normal day-to-day operation of other
Customer's sites or applications. If Avantex becomes aware of such programs or scripts, at its sole
discretion, it will have the right to either remove or to disable them temporarily or permanently.
26. Customers don't have permission to directly install any MySQL, MS SQL Server, Cold Fusion, PostGre, Access
or any other type of database installation. If the customer wishes to have a standard
database installed on any of Avantex Hosting's servers, he will ask Avantex to install
it for him. If there is a charge to install such a database, Avantex will advise the
Customer prior to the installation.
27. Avantex Hosting's Web hosting services are recognized as being of the highest
quality there is, and its servers are of the highest quality and capacity available,
as far as the current state of modern Internet technology today is concerned.
There shall be no refunds, either partial or complete for any lack of experience
in how to build a website, how to program, how to build Web pages and for any lack
of knowledge on the part of the site owner. It is always of the client's responsability
to fully ensure that he or she has the necessary knowledge, experience and the
right tools to design and maintain a website at all times.
28. Without ANY exceptions, all of Avantex's customers are always responsible at
all times for maintaining and performing all neccessary backups of all their files,
be it HTML files, ASP, PHP, Java files, MySQL or SQL Server or any other data
files used in any Internet application, be it a Web site, a blog, an Internet
portal, an intranet, extranet, eCommerce storefront and any such similar Web
application. If Customer needs additional space for his backups, Avantex Hosting
can offer that optional service for an additional monthly fee, provided the backup space is located
on another server and in another of Avantex Hosting's data centers.
29. On all reseller packages and all virtual server packages, there will be a penalty
of two month's worth if any accounts are cancelled and a refund is asked to offset
configuration and setup time Avantex had to incur. Refunds can only be issued with a
check and not by PayPal.
30. It is strictly forbidden to post, write or display any messages of hate
or to display cartoons, photos or images that may be offending to specific
groups, religions, nationalities or beliefs. If Avantex Hosting encounters such violations
it will immediately and PERMANENTLY disable any accounts and without any warning.
There is never any refunds in any of these cases.
31. Customer is forbidden of giving his Plesk control panel User ID or Password to
his clients, his suppliers, or anybody that works outside his own premises for any
reason. Customer is fully liable for any damages, downtime, repairs or replacement
of any of Avantex's servers, network equipment or any other apparatus if there
should be a breach of security caused by giving unauthorized people access to the
Customer's control panel.
32. Use of so-called "Catch All" features on any email address hosted on Avantex's
servers is prohibited, since this would violate our Anti-Spam regulations set forth
in Article 1.
33. When a Customer registers a new domain name through Avantex Hosting or if he already
has a domain registered but isn't hosted on Avantex's servers or if he wishes to transfer out,
there will be a one-time charge of $25 plus applicable taxes each time the Customer asks Avantex
to change either the DNS settings and/or the IP address of any domain. The $25 fee is for every
domain he wants the DNS to be changed and needs to be paid in advance before any changes are
to be done to the DNS of his domain (s). The domain must also not fall in the '60-day grace period'
of some domain registrars since those registrars sometimes ask that the domain be renewed in
advance if a change of registrar is requested by the Customer.
34. Customer will completely exonerate Avantex Hosting of any possible legal or
court fines to any violations perpetrated by any action taken by the customer. If a court
levies or charges a fine to Avantex Hosting for any customer misconduct or in
violation to this Terms of Use, Avantex Hosting will automatically countersue the
customer for the full amount of the fine, all related court costs, all related
attorney costs, all related travel costs, plus the expenses it has encurred in relation
to such fines and to defend itself.
35. No new Avantex Hosting account will be opened under any circumstances unless Customer fully discloses his
complete postal mailing address, a valid phone number where Customer can be reached and a valid email address.
If the Customer's current email address isn't working for any reason, Customer will supply Avantex Hosting with
an alternate one that works. It is always the Customer's responsability to ensure that all contact information
be kept updated at all times. Avantex Hosting reserves the right to terminate any Customer's account if the
Customer cannot be reached by phone, by email or by the postal system.
36. Customer cannot share or divulge in any way his account User ID or Password. All
Avantex Hosting accounts cannot be shared or transferred in any way without Avantex's
written authorization. If Customer needs to send any part of his hosting account information,
User ID or Password to his Web developer, programmer, SEO firm or webmaster or any other third
party, he must first email a written request to Avantex, at which time Avantex will send an
authorization form directly to the third party. Once that third party has satisfied Avantex's
Terms of Use, an encrypted, password-protected email will be sent to the third party,
authorizing them for their exclusive use of the Customer's account credentials. The third
party will BE BOUND BY THE SAME TERMS OF USE AS THE CUSTOMER AND THE CUSTOMER WILL BE
FULLY RESPONSIBLE FOR ANY THIRD PARTY MISUSE OR ABUSE OF AVANTEX PROPERTY AND/OR NETWORK
INSTALLATIONS.
37. All Linux and Windows servers owned and operated by Avantex all run standard
industry-wide technology and are able to successfully run any standard application
as such. However, Avantex Hosting cannot and will not refund a Customer under its 30-day
satisfaction guarantee if the Customer cannot make his or her web site or websites
run successfully on Avantex's servers if it implies proprietary technology that was designed
to run on a server that isn't owned by Avantex, or if it was designed to work on a server that
was used elsewhere with that proprietary technology. The same applies if the Customer dosen't
have the necessary knowledge or experience to build his website, in which case he is
recommended to hire a professional website designer.
38. Unless agreed upon otherwise with Avantex's management, Customer agrees that there will
be a $25 administration fee to downgrade any hosting plan to a lower plan. There are no fees
to upgrade from a lower to a higher plan.
39. Due to the nature of the hosting industry, there can be no refunds under no circumstances.
40. Unless otherwise stated by Avantex Hosting, all domain names are renewed
every year automatically by our domain registrar. Avantex Hosting always sends
a renewal notice via PayPal at least 30 days or more prior to the domain's
renewal and at the email address we had on file the same day the Customer
opened his Avantex Hosting account. It is always the responsability of the Customer
to make sure his domain name is renewed on time. Avantex Hosting will only send
a maximum of three (3) domain renewal notices via the PayPal payment request system.
If payment isn't received by Avantex Hosting ten (10) days after the third payment
request has been sent, in order to guarantee payment, Avantex Hosting will replace the DNS
settings on the affected domain for as long as the non-payment condition is in
effect. After such action, the Customer's website and all his email addresses will cease
to operate normally. Avantex Hosting will then send a notification notice to the Customer,
with an explanation on how to take corrective action. Furthermore, on top of the regular
$19.95 annual renewal fee, Avantex Hosting will impose a $20 DNS re-initializing fee payable by the
Customer, if the Customer isn't hosted on Avantex Hosting's servers anymore. If the Customer
is hosted by Avantex Hosting, the $20 re-initialization fee will be waived. All domain renewals are
subject to applicable taxes in the province or territory where the Customer resides.
The following Terms of Use only apply to our Server Colocation Customers
41. All server colocation customers are fully responsible for their own servers
since it is them that are the sole proprietors of those servers. Unless specified
in a written statement, Avantex Hosting will not be responsible for the care, upkeep,
maintenance, service or security patches or any other maintenance work on customers'
Web or Internet servers that are using Avantex Hosting's colocation services, and this
without any exceptions.
42. If Avantex Hosting is required to do any kind of server maintenance on a colocation
customer, our normal hourly rate of US $90 will apply at all times, and this is subject
to a minimum one-hour transit 'service call' charge that will be billed in addition to
the actual number of hours worked, unless agreed upon otherwise with the colocation Customer.
43. By default, all colocation server customers are supposed to already posess
all the necessary and basic knowledge it takes to administer and manage any server or any
number of server clusters, be it Linux, Windows or any other server operating
system, whether it be commercial or 'in-house' developed. The same
goes for any networking equipment that might be involved, such as routers, firewalls,
switches, network backbone equipment or any other similar hardware or software that
isn't the responsibility of Avantex Hosting.
44. There's a limit of only one Category 5 Internet cable per server. Every extra
Cat. 5 Internet connection will carry an extra charge of US $20 a month per additional
connection. For example, a 1U server with two Cat. 5 Internet connections would cost
US $20 over and above the normal US $79.95 monthly rental fee.
45. There's a limit of only one 110 volt power connection per server. If the
Customer has a redundant power supply on his server that requires a second 110 volt
connection, there will be an extra charge of US $40 for that extra connection.
46. All colocation customers are fully responsible to supply at the time of the installation
of their server or servers, all necessary mounting hardware, server rack (side) mounting
rails, all 'Category 5 or Cat 6 cables', all 110 or 220 volt power cords and all necessary connecting
wires or cables to and from Avantex Hosting's racks to their servers. Failing that, Avantex Hosting
will invoice and charge the customer US $10 for each Cat 5 cable needed, and a minimum
of US $10 each for a standard three-prong server power cable.
47. All colocation plans come with a fixed number of IP addresses. If more IPs are needed,
they will be supplied at a cost of US $5 per additional IP per month.
48. Clients that rent a full-size cabinet (44U or 48U) are responsible in supplying all their own
equipment such as high-speed switches, firewalls, additional power bars (if needed), Cat 5 or Cat 6 cables,
110 or 220 volt power cables, etc.
49. All collocation customers will make certain that they carry a sufficient amount of fire
and damage insurance on all their equipment. Avantex Hosting only carries the necessary fire and damage
insurance only on the equipment that it directly owns and manage. All data centers that Avantex Hosting
manages feature full 24-7 security guards, complete with magnetic card readers, man traps, closed-circuit
television cameras, etc.
50. When Avantex Hosting assigns Customer an Internet Protocol (IP) address for the Customer's use,
the right to use that Internet Protocol address shall belong only to Avantex Hosting, and Customer
shall have no right to use that Internet Protocol address except as permitted by Avantex in its
sole discretion in connection with the hosting services, during the term of this agreement.
Avantex Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses
that may be assigned to the Customer by Avantex Hosting, and Avantex reserves the right to change or
remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that the
use of IP addresses for IP-based virtual hosts will not be accepted as justification for new IP addresses.
What this means to you is that you must use name-based hosting where possible. We will periodically review
IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used,
we will revoke the authorization to use those IP addresses that could be used with name-based hosting.
Furthermore, if a Customer is found to be using an IP address or a range of IPs that were not assigned
to the Customer, of if the Customer's equipment, firewall or server causes some IP address resolution conflicts,
this will constitute a serious breach of Avantex's Terms of Use and Avantex will have the right to immediately
cancel the Customer's account. All Avantex dedicated server Customers and all colocation Customers agree
to provide Avantex with their full root passwords if Avantex suspects that the Customer is using or has
been using an IP address that wasn't assigned to the Customer. If Avantex decides to reconfigure the
Customer's equipment or server, or if Avantex needs to remove some IPs that the Customer wasn't
authorized to use, there will be a minimum $250 reconfiguration charge immediately payable by the
Customer. Any Avantex Customer that violates our Terms of Use a second time will be immediately
and permanently terminated.
The following Terms of Use only apply to our Dedicated Server Customers
51. All Avantex Hosting customers that order a Linux or Windows dedicated server get a
recently-installed operating system that has been fully tested by our qualified technicians
and that is in perfect working condition. Dedicated server customers are supposed to
have the knowledge and to posess the experience in fully managing a Linux
or Windows server. If, for any reason, the operating system needs to be reinstalled or if the hard drive (s)
need to be reformatted, a standard US $200 reinstallation charge will apply,
at which time Avantex Hosting will deliver the same version of the original operating
system at the time the server was delivered to the customer. If that version isn't
available anymore, Avantex Hosting will use its discretion in installing a more recent
version if it applies. The Customer is also responsible in reinstalling all his or her
software and necessary programs in the same way he or she did when he or she first ordered
the server.
52. All Avantex Hosting dedicated server customers are responsible of making certain
their data backups are performed either daily or weekly. Under no circumstances will
Avantex Hosting be liable for any data that could be lost either due to hardware or software
failures, network outages, fire, theft, flooding, Acts of God or for any other reason.
53. For all dedicated server customers, Avantex Hosting's responsibility will be limited
to a free hardware replacement of a defective part inside a server, or the replacement
of the whole server in extremely rare cases.
54. When Avantex Hosting assigns Customer an Internet Protocol (IP) address for the Customer's use,
the right to use that Internet Protocol address shall belong only to Avantex Hosting, and Customer
shall have no right to use that Internet Protocol address except as permitted by Avantex in its
sole discretion in connection with the hosting services, during the term of this agreement.
Avantex Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses
that may be assigned to the Customer by Avantex Hosting, and Avantex reserves the right to change or
remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that the
use of IP addresses for IP-based virtual hosts will not be accepted as justification for new IP addresses.
What this means to you is that you must use name-based hosting where possible. We will periodically review
IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used,
we will revoke the authorization to use those IP addresses that could be used with name-based hosting.
Furthermore, if a Customer is found to be using an IP address or a range of IPs that were not assigned
to the Customer, of if the Customer's equipment, firewall or server causes some IP address resolution conflicts,
this will constitute a serious breach of Avantex's Terms of Use and Avantex will have the right to immediately
cancel the Customer's account. All Avantex dedicated server Customers and all colocation Customers agree
to provide Avantex with their full root passwords if Avantex suspects that the Customer is using or has
been using an IP address that wasn't assigned to the Customer. If Avantex decides to reconfigure the
Customer's equipment or server, or if Avantex needs to remove some IPs that the Customer wasn't
authorized to use, there will be a minimum $250 reconfiguration charge immediately payable by the
Customer. Any Avantex Customer that violates our Terms of Use a second time will be immediately
and permanently terminated.
The management of Avantex Hosting.
