Client is responsible for providing the contents on a timely basis. Client Acknowledges that they are receiving a satisfaction guarantee, however, they also acknowledge that a substantial amount of work will be executed upon the execution of any agreement. A refund may be requested only in the event that CUXT were to default in their performance on the agreed services, however, any services that have been performed before the request would be subtracted from the amount of refund granted. CUXT does not act as an arbiter of disputes. Information provided to CUXT is saved indefinitely. We make the best effort to protect your privacy, but we may disclose information if required by law, court order or any legal process served on CUXT.

CUXT insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used "solely" by CUXT, its authorized representatives, and employees; for the strict purpose for which it was intended, and for the benefit of the subscriber. We agree not to share, rent, sell, or release this information to any individual, entity, or third party, for any reason, without the specific written consent of the subscriber; with exception as required by Law, Regulation, or Governmental Authority.

CUXT is committed to protecting and securing all subscriber provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse, or alteration of such information. At CUXT, we value our customers and wish to provide them with a positive experience. To offer you the best service possible, all customers need to follow the same rules and guidelines. These policies are intended to make CUXT's service available to all our customers as consistent and efficient as possible.

User-Supplied Content
All services may be used for lawful purposes only. Through CUXT's service, you may have access to chat areas, bulletin boards, Web Pages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local Law. You are solely responsible for the content you make accessible through the CUXT network. You may not use the service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances, or Regulations.

CUXT is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent, or otherwise objectionable, CUXT has the right, but not the obligation, to edit, remove, or deny access to such content. CUXT may disclose any content or records concerning a customer's account as required to satisfy any Law, Regulation, Governmental Request, or Court Order. Pornography and sex-related merchandising are prohibited on all CUXT servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to CUXT's servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed.

Below are some examples of non-acceptable content or links:

Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost: i.e. ROMs, ROM Emulators, and MPEG Layer 3 files (MP3s).
Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringe.
Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to internet sites or providers.  

Network Security
Customers may not use the CUXT network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's Security Policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. S3 will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with Law Enforcement Authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
CGI Scripts Each CUXT account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-Script sharing with domains not hosted by CUXT is not allowed.
Chat Rooms CUXT prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem. CUXT does provide its customers a choice of java chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of customers and function without hindering the performance of the servers for others.
Server Resources Any website that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.
Background Running Programs Background Daemons in general are prohibited. CUXT will consider requests on a per application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.
IRC CUXT prohibits its customers from operating IRC or IRC Bots on any of the servers in the CUXT Network.
Backups / Restores

As a courtesy, CUXT provides a backup service on shared hosting accounts. You can request our administrators to run a backup of your site or any files for a one-time charge. Although CUXT tries to ensure these backups are complete and accurate, we cannot guarantee data integrity. It is possible that a site and/or file may not be able to be restored without our knowledge. CUXT recommends that the customer periodically and frequently backup their site to their local computer. On most accounts there is a backup manager that can assist you in this process. A backup may not be included with a dedicated server type plan. We recommend that dedicated server customers purchase a backup option to protect data.

Commercial Advertising/Mass Mailings
You must not use the CUXT network, CUXT equipment, or any CUXT email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the CUXT network, CUXT equipment or any CUXT email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, without warning, S3 reserves the right to disable your domain. In addition, CUXT may impose a $500 penalty for each spam policy violation. CUXT solely reserves the right to refuse or cancel service to known spammers. Lastly, CUXT reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Distribution and/or Transmission of Obscene, Indecent Speech or Materials
Violation of Indecency and Obscenity Laws can result in criminal penalties.

Intellectual Property Rights
Material accessible to you through CUXT's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets, or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the CUXT service in a manner that would infringe, violate, dilute, or misappropriate any such rights, with respect to any material which you access or receive through the CUXT network. If you use a domain name in connection with the CUXT service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service
CUXT reserves the right at its sole discretion to refuse or cancel service. Violation of any of CUXT's rules and regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Service Cancellation
To cancel your account, please fax the billing Department at 425-732-9557 . Please write your domain name and either your account password, last four digits of the credit card being billed or the last check number for security verification. If faxing is inconvenient, please email support@cuxt.com including the information listed above.

15 Day Money Back Guarantee
CUXT provides a thirty (15) day “no nonsense” money back guarantee for all direct shared hosting accounts. If, for any reason, you request cancellation before your first bill date, CUXT will refund to you the first month's service cost.

Annual Commitment/Prepayment
CUXT will waive the set-up fees if the direct shared hosting is extended after one year. If you should cancel your account before the expiration of the 12-month period, CUXT agrees to refund a prorated amount of the prepaid service cost, minus the previously waived applicable set-up and administrative fees, for which you will then be made responsible.

Indemnification
Customer agrees that it will protect, indemnify, save, and hold CUXT harmless from any and all stipulations, liabilities, losses, expenses, and claims, as well as reasonable attorney's fees assessed against CUXT, its agents, customers, officers, employees, and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees, or assigns. Customer agrees to defend, indemnify and hold CUXT harmless against liabilities arising out of: (1) any injury to person or property caused by any products sold or distributed in association with CUXT's services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from CUXT's services.

Disclaimer
CUXT will not be responsible for any damages your business may suffer. CUXT makes no warranties of any kind, expressed or implied, for services we provide. CUXT disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by CUXT and its employees. CUXT reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation. CUXT furthermore expects that its customers who provide web services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, CUXT wishes to emphasize that in accepting services, customers indemnify CUXT for the violation of any law or CUXT policy that results in loss to CUXT or the bringing of any claim against CUXT. This means that if CUXT is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against CUXT, plus costs and reasonable attorneys' fees.

Service Level Agreement
CUXT is committed to providing you with superior service and support. Our service level agreement (SLA) provides uptime and hardware guarantees if you have ordered a direct account or dedicated server packages and your account is in good financial standing with CUXT.

Network Uptime Guarantee
CUXT's servers connect to the Internet through redundant high-speed connections on diverse backbones, ensuring data delivery to the end user in the fastest, most efficient manner possible. CUXT guarantees a 99.9% uptime excluding scheduled maintenance of 30 minutes per month and prior notified upgrades. CUXT's Cisco Powered Network, combined with 24/7/365 monitoring by highly qualified network engineers and administrators, guarantee the functioning of all network infrastructure including routers, switches, and cabling.

Credits
In the event that there is network outage*, CUXT will credit the monthly service charge for the following month's service as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed 25% of the monthly service charge for the affected month.

Server Availability Credit  
90%-98.9%                5%  
80%-89.99%              10%
70.99%-79.99%         15%  
70% or below             25%  

*Network outage means any outage in which end customers are unable to access the customer's site, due to a failure in CUXT's network. Credit valid for one month only.

CUXT will ONLY be held responsible for its network and not for general conditions on the Internet. Delays that occur outside CUXT's routers caused by backbone failures/congestion, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications, or third party services (including DNS propagation) resulting in degradation of service and high packet loss or similar conditions, cannot be guaranteed by CUXT.

Hardware Guarantee
CUXT guarantees the functioning of all dedicated server type leased hardware components and will replace any failed component at no cost to the customer. Hardware repair/replacement will begin immediately upon identification of the hardware failure and is guaranteed to be complete within 2 hours of problem identification. Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card, and other related hardware included under the server lease. The time required to repair/replace hardware does not include software reinstallation and/or data recovery from backup tapes/disks (time frame depends on size of disk).