Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others! If server security is compromised, the account holder is responsible for all violations of these Terms of Service and Boxne, LLC Acceptable Use Policy, including abuse related issues, and all disconnect and reconnect fees associated with violations. Boxne, LLC does not harden or enable additional server security software outside of operating system defaults.
The following terms constitute an agreement between you and Boxne, LLC. These Terms of Service govern your use of the services provided by Boxne, LLC.
By using the services you signify that you agree to these Terms of Service, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP. Please note that we offer the Services "AS IS" and without warranties. These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.
Boxne, LLC Responsibilities
Boxne, LLC agrees to furnish services, which are paid for in advance by the client, to the
client, subject to complete compliance with the AUP and these Terms of Service. Boxne, LLC LLC. reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of Boxne, LLC.
Changes to Terms of Service
Boxne, LLC Terms of Service and AUP are both subject to change at any time and without
notice at the sole discretion of Boxne, LLC. A change in policy shall not be grounds for early
contract termination or non-payment. Client recognizes that the nature of the service supplied and the
initial rates and charges have been communicated to the client. The client is aware that from time to
time rates may change based on availability of hardware, overall market conditions or other factors.
Clients will be notified of any increases in rates or charges prior to the billing renewal date on which
such increases will take effect.
Services interrupted for non-payment may be subject to a $5.00 reactivation fee. Data stored on a
client services will not be available to the client until reconnection is established or alternative
arrangements are made to the sole satisfaction of Boxne, LLC. Clients deactivated for non-
payment or charge-back are subject to their data being destroyed five (5) days from suspension/charge-back date. Boxne, LLC is not responsible for data integrity, regardless of
circumstance. Boxne, LLC strongly recommends keeping up to date and off network backups to protect against data loss. We do NOT backup your web content, this is at your sole discretion. If you do NOT cancel your product, and it has reached 1-month overdue the invoice will be sent to collections. Please cancel your invoice before the 1-month overdue period or face a hefty charge.
Customers may cancel at any time via cancellation form. Boxne, LLC gives you an unconditional 45 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with a payment processor.
Cancellations requested after the initial 45 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 45 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been cancelled. Payments older than 60 days may require a refund via PayPal or mailed check due to our merchant account policies and procedures.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
Bank Wire Transfers
Western Union Payments
There are no refunds on dedicated servers, virtual private servers, dedicated IP addresses, administrative fees, whmcs and installation/Setup Fees. Refund requests for .com, .net., and .org domain names (made within the 45 day money-back guarantee period) will have the common market value subtracted for those tld's. Any TLD's domain name purchases are non-refundable. Eligibility of said refunds will be determined at the time of cancellation.
Only first-time accounts are eligible for a refund. If you've had an account with Boxne, LLC. before, cancelled and signed up again, you will not be eligible for a refund.
Violations of Boxne, LLC Terms of Service/Acceptable use policy.
Examples of what Boxne, LLC considers non-acceptable content and/or links to such.
- Pirated software
- Bulk Email /Spam related products
- Warez/Cracked products forum/blog
- Hacking/cracking related websites
- Warez and/or copyrighted MP3s
- Illegal material or material that is against public policy
- Free Hosting of any kind
- Game sites
- Free domains of any kind (Ex. co.cc, .zapto.org, etc)
- Public Download Sites of any kind (computer applications, games, mobile apps)
- User Forums containing links to material that violates our TOS
- Content or links to sites that are detrimental to public policy, health and welfare
- No rapidshare related scripts
- Adult Content
- Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography
- Any website in violation of the Acceptable use policy will be Terminated effective immediately without question.
User may not:
Use 80% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer on shared servers.
- Run any software that interfaces with an IRC network.
- Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
- Participate in any file-sharing/peer-to-peer activities
- Use Boxne, LLC Servers for Storage only.
- Run cron entries with intervals of less than 5 minutes
- Disrespect Boxne, LLC employees.
- Violate the Boxne, LLC Terms of Service or Acceptable use policy.
If the user has violated any of the terms in conditions above, all Refund Guarantees will be voided.
In the event a service is suspended, it will be subject to termination seven (7) days from the time of
suspension. Boxne, LLC assumes no liability for the integrity of the data stored on a suspended server.
Boxne, LLC requires a five (5) day notice of cancellation prior to the billing renewal date for
the upcoming billing cycle, submitted via support ticket. A five (5) day notice before the upcoming
billing date is also required for any downgrades. All client data will be destroyed immediately after the
In the event fraud is discovered the fraudulent account, and all related accounts, are subject to
immediate suspension or termination at the sole discretion of Boxne, LLC. All information
available to Boxne, LLC about the fraudulent account/service shall be submitted to both local
authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all
fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States,
Disclaimers of Liability; Indemnification
WE PROVIDE THE SERVICES ALL FAULT AND AS AVAILABLE. WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A Boxne, LLC, REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATESâ™ AND OUR SUPPLIERSâ™ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors,
agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneysâ™ fees, that arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Boxne, LLC provides hardware support related to each direct clients service functioning. Boxne, LLC does not offer software support of any kind. Boxne, LLC does not provide software support/troubleshooting for the software items chosen from the order form. Boxne, LLC only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. Boxne, LLC is not responsible for any downtime associated with the incorrect configuration of operating any software, wether installed by Boxne, LLC or the client. Boxne, LLC may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. Boxne, LLC does not provide any type of support to the clients of our clients (third party clients). Boxne, LLC will only provide support directly to clients of Boxne, LLC.
Spam/Bulk Email Policy
Boxne, LLC does not allow bulk mailing of any kind from its network, including but not limited to SPAM or SPIM. You may not allow others to use your account to violate the terms of these Terms of Service. If Boxne, LLC receives a spam complaint or otherwise becomes aware of bulk mailing from its networks, it will identify the server the spam was initially sent from (via IP), create a comprehensive list of the spam complaints associated with the server in question, and issue an Abuse Notification to the client whose account(s) are associated with such complaints. An instance of a spam complaint is defined as one marketing E-mail. The first Abuse Notification will provide a warning to the client and assess a $25 fine. The second Abuse Notification will assess a fine of $25 per complaint received with a maximum fine of $125. The third Abuse Notification will terminate all Services to the account and/or client in violation of these Terms of Service, as well as assess a fine of $25 per complaint received with a maximum of $250. Boxne, LLC reserves the right to refuse Services to any client whose account(s) have been fined or terminated for bulk mailing. If an IP range or IP address has been black-listed as a result of a spam complaint, Boxne, LLC will issue a fine of $200 and reserves the right to immediately terminate the service, at the sole discretion of Boxne, LLC.
- On the second instance of server compromise Boxne, LLC reserves the right to terminate the client™s services.
If a client wishes to dispute any spam complaints, or any fine assessed in connection with any such complaints, the client must provide Boxne, LLC with full logs as well as any additional information requested by Boxne, LLC within 48 hours of the initial Abuse Notification. Failure by a client to dispute, or to provide any required information within such 48 hour time period, will be deemed acceptance of the notification and all assessed fines associated with it.
Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Boxne, LLC reserves the right to suspend any account which does not pay bandwidth overage charges promptly. Boxne, LLC is not responsible for spikes in bandwidth that are caused on a clientâ™s service for any reason. Client assumes liability for all bandwidth to and from their services.
Clients consent to Boxne, LLC public disclosure that they are providing services to the client,
which may include using the clients name in promotional materials. Boxne, LLC reserves the
right to use client quotes for promotional uses.
Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, âœNoticesâ). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh- based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the âœTerms of Serviceâ link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.