Terms of Service
As a Customer of our Services, you need to be aware that, when signing up for an account with us, you accept and agree to abide by our Web/Mail Hosting Terms of Service (this document) and our Acceptable Use Policy (AUP). The Order Form completion of the Service represents the electronic signing of these two documents.
These Web Hosting Terms of Service, together with our Acceptable Use Policy, Hosting Terms and the Domain Name Registration Agreement, constitute the whole act of convention between You - the Customer, and Us, the Service Provider. Thexyz shall provide its Services to You under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to clarify all aspects, rules and provisions of the business relationship between You - the Customer, and Thexyz (Service Provider). It is also intended to keep the integrity of this relationship and protect both parties from liability. This Service Agreement will be enforced, if/when necessary, in order to be guaranteed the speed, power, performance, and reliability of our services.
Thexyz follows the strict guidelines of our customer privacy policy. Please make sure you understand this statement fully.
Notices to Thexyz under the Agreement shall be given via electronic mail to the email address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Renewal notices are emailed fourteen (14) days before the actual renew date in your account. If your using a credit card you will not have to worry about manual payments. All accounts are set up on a pre-pay basis. If payment is not received by the due date, a 10% fee will be added to the late payment. Thexyz reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current on the due date is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify Thexyz to request for termination of services. All Prices shown on the website are in US Dollars (USD) but you are welcome to pay in Canadaian Dollars (CAD). YOU can change the currency to CAD at the point of checkout, but ultimately the price is based off the exchange rate of the US Dollar. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand. There is no fee for cancelled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle Thexyz can not refund any payments made before.
Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term. YOU will have the ability to either cancel immediately or at the end of the billing cycle. Should YOU wish to terminate immediately, no refund shall be provided for the remaining time on your service. When cancellation occurs, billing for the cancelled service will terminate immediately even if an invoice is still outstanding. A customer must cancel from within their account. Thexyz will not accept cancellation requests sent to us through phone call, e-mail, message through a messaging service such as Twitter, or any other means aside from the previously mentioned method. Early termination will occur, without refund or notice, should your account breach our terms of service or Acceptable Usage Policy. Thexyz reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be retained by Thexyz if we institute our right of cancellation.
Thexyz shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Thexyz’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Agreement shall be governed by the laws of the Province of Ontario, exclusive of its choice of law principles, and the laws of Canada, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Thexyz reserves the right to refuse service to anyone. YOU may only use Thexyz for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in Canada, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited.
Thexyz occasionally runs promotions offering FREE domain names to customers signing up for a new service. This special offer is valid only with our PROMOTIONAL TLDs. However, in case that the money-back guarantee option is used, the domain name must be paid price must be paid in full. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.
Unsolicited commercial advertisements (‘SPAM’) are not allowed in email, and will likely result in account cancellation. Thexyz takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
We recommend using our web interface, which we are always able to help with.
Customer agrees that Thexyz may suspend services to Customer without notice and without liability if: (i) Thexyz 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) Thexyz 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.
Accounts will be suspended 5 days after the renewal due date if payment is not received. Services may be recovered within a period of 15 to 30 days following suspension, contingent on Thexyz’s data retention policies. A reasonable reinstatement fee will apply if service is restored following suspension under this subsection.
If you break our Terms of Service or Acceptable Usage Policy, we reserve the right to cancel any services. However, we will always strive to resolve any issues with you before taking such action.
Thexyz provides the Services on an “AS IS” basis, without any warranties, including but not limited to, implied warranties, merchantability, or fitness of the Services for any particular purpose. The Customer shall be solely responsible for the selection, use and suitability of the Services, and the Service Provider shall have no liability therefore.
The links included within the Service may let you leave the Service web sites (“Linked Sites”). The Linked Sites are not under the control of Thexyz and Thexyz is not responsible for the contents of any linked site or any link contained in a Linked Site, or any changes or updates to such sites. Thexyz is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Thexyz of the site or any association with their operators.
The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Thexyz may make improvements and/or changes to the Service at any time.
Thexyz does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components. Thexyz does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
You specifically agree that Thexyz shall not be responsible for or liable for:
(a) unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. (b) any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights; or (c) any content sent using and/or included in the Service by any third party. Thexyz make no representations about the suitability, reliability, availability, timeliness, and accuracy of the service for any purpose. The Service is provided “as is” without warranty of any kind. Thexyz hereby disclaim all warranties and conditions with regard to the Service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall Thexyz be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Service or related web sites, with the delay or inability to use the Service or related web sites, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if Thexyz has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Service and its related web sites.
In order to improve its web hosting and customer care services, the Service Provider reserves the right to revise these terms and conditions at any time without prior notice. Customers are encouraged therefore to review this document periodically.
Customer agrees to indemnify and hold harmless Thexyz, Thexyz’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THEXYZ AGAINST LIABILITIES ARISING OF: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH THEXYZ’S SERVER. (2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM THEXYZ’S SERVER.
All source code, executable code, page designs and other copyrightable material are Copyright © 2007-2020 Thexyz Inc or used under license from the copyright owner.
All rights reserved. Any rights not expressly granted herein are reserved.
