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  • Thank for choose IPXON Networks for develop your projects. This Integrated Terms of Service (TOS) is the contract between IPXON Networks and the individual or entity to whom we have assigned a Client ID (hereafter referred to as Client, you or your), and governs the services as described on our website (Services). This TOS includes our Acceptable Use Policy (AUP), Privacy Policy, Service Level Agreement (SLA) and Resource Abuse Policy (RAP). It is very important that you read this TOS in its entirety; by requesting a Client ID, you consent to be bound by its terms. The effective date of this TOS is the date we assign you a Client ID (Effective Date).

    We will not modify this TOS arbitrarily. However, because the ways in which the internet is used, and abused, evolve over time, we reserve the right to modify it. If we do, we will provide you with written notice sent to the email address you have provided us, and post the notification on our home page. Unless a modification is necessary to respond to an emergency, we will give you thirty days prior notice of any modification. If a reasonable business person would believe that our modification materially alters the benefit of the bargain set out in this TOS, you may terminate this TOS prior to the expiration of the thirty day notice period. After that time, you will have been deemed to have accepted the changes.

    It is Client’s obligation to ensure that the Services are used in compliance with these policies. Client is encouraged to include policies no less restrictive than our AUP, Privacy Policy, and RAP in its contracts with its customers, or those who use the Services provided by us through you (collectively “End Users”).

    1. The Services

    1.1. The following provisions apply to all Services:

    • 1.1.1. Descriptions of the features, characteristics and limitations of the products and services we offer are set out on our website. We agree to provide the Services to you, as they are described on our website, as of the Effective Date, during the Term. Should these characteristics change after the Effective Date, we are not obligated to modify your Services to reflect these changes. If we do so, and you agree to purchase them, the Fee may change. We may make changes to these Services if a supplier makes components unavailable, cost prohibitive, if a beta period ends, or at any time effective on the end of the term of a particular Service.
    • 1.1.2. We provide two ways for you to purchase our Services: (i) through our website; or (ii) by opening a ticket to purchase additional Services (Ordering Process). When you place an order for the Services using either of these methods, you agree to purchase the Services selected by you during the Term.
    • 1.1.3. We may decline to accept a request for Service if we determine that we require the facilities for other needs. Should operational needs require us to restrict or allocate Services among customers because of a shortage of facilities or causes beyond our control, we may do so without breaching this TOS.
    • 1.1.4. Unless expressly set out during the Ordering Process, the Services may be provided from any of our facilities. You will have no ownership right in the facilities, or in components of the Services. You will only have the right to use the Services
    • 1.1.5. The individual or entity set out in our records is the only entity authorized to access the Services. It is your responsibility to secure passwords and other access methods used to access the Services. If you administer an account on behalf of another party, you warrant that you will administer that account in good faith, and indemnify us against all losses and liabilities incurred by us should you administer the account in ways that are adverse to your customer and which result in a claim against us.
    • 1.1.6. If you resell the Service, or incorporate the Service into your own services, you are responsible for determining whether the Service will be appropriate for your customers (End Users) and for ensuring that they do not engage in any activity which would cause you to breach this TOS. Your End Users are not a third party beneficiary to this TOS, and you agree to indemnify us for any claims made against us by your End Users of any nature. Unless expressly set out during the Ordering Process, we have no obligation to provide support to End Users. If we cease providing the Service to you, for any reason, you are solely responsible for securing replacement services for your End Users.
    • 1.1.7. We agree to use commercially reasonable efforts to provide Client with the Services according and subject to the terms of this TOS and all agreements incorporated by reference.
    • 1.1.8. You must provide IPXON Networks with all information, access, and full good faith cooperation, including, if required, with your third party vendors, reasonably necessary to enable IPXON Networks to deliver the Services. We will rely on the information you provide to us. It is your obligation to keep this information up-to-date. We have no liability if communications are delayed, or not delivered, because of your failure to keep this information up-to-date. You agree that we may provide you with information that may negatively affect you by email. Please ensure that the email address you provide to us is configured in a way so that information from us is not rejected or marked as SPAM.
    • 1.1.9. All software, hardware and some systems have a defined support lifetime (End of Life). Client may only use software, hardware and systems that are currently supported by their owners, including those that may have initially been provided by IPXON Networks in conjunction with the Services (for example, an operating system on a purchased server). When these items reach their End of Life, it is your responsibility to upgrade to a supported version. IPXON Networks has no responsibility to support End of Life items.
    • 1.1.10. We will provide, at no cost to you, one primary IP address by default, which will be subject to change at any time. IPXON Networks shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by us and we reserve, in our sole discretion, the right to change or remove any and all such IP numbers and addresses; provided, however, that (i) we will provide you with at least thirty days prior written notice of any such change or removal; and (ii) you agree to provide IPXON Networks with all reasonably requested assistance to effect any such change or removal. IPXON Networks is required by ARIN (American Registry for Internet Numbers) and LACNIC (Latin America and Caribbean Network Information Centre) to document on a “whois” server which entity is using the IP space. If you are assigned a static IP address, you consent to IPXON Networks’s inclusion of your name, company name if a business, postal address, e-mail address, IP address, and telephone number in such “whois” server.
    • 1.1.11. It is your obligation to back up your data. If the Services include backup services, these are provided as a supplement to your own backup efforts. Because no backup method is failsafe, we make no warranties regarding the thoroughness of our backup solution. If your data is restored from backup, it will be restored in the manner it is stored by us. This may not include formatting and other elements necessary to make the restored data available on the internet, or in the form originally transmitted to us. We are not obligated to restore the data in that format.

    1.2. The following provisions apply to shared, dedicated and VPS Services:

    • 1.2.1. You have the right to use the Services covered by this paragraph 1.2 to connect to our network, on a 24 x 7 basis, limited by this TOS. You will have no physical access to the equipment used to provide the Services.
    • 1.2.2. The Services covered by this paragraph 1.2 are provided to you on a standard basis. They are not customized for your use. In some cases, they may have the manufacturer’s default settings. This means that aspects of your website, or use of them, may not function without additional configuration by you. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your site, and any other items you deem necessary to use the Services, must be compatible with them. Unless set out during the Ordering Process, we are not obligated to modify the Services to accommodate your use.
    • 1.2.3. You will ensure that neither you nor any of your End Users make excessive or wasteful use of our network by agreeing to the following:
      • 1.2.3.1. A “Reasonable Use” policy will apply to maintain stable data traffic on shared hosting Services. For the shared hosting Services, this means that if your use of the shared hosting Services regularly generates more traffic than is customary for similarly situated customers, we may require you to modify your use of the shared hosting Services so that they no longer exceed this standard. If you do not modify your use, we reserve the right to terminate this TOS and assess an Early Termination Fee. Shared hosting Services may not be used for instant messaging, chat rooms, or similar activities, nor may they be used for software distribution.
      • 1.2.3.2. Dedicated hosting Services and virtual private server Services (VPS Services) have a set bandwidth allocation applicable to each Service as set out during the Ordering Process. If in any calendar month you obtain any bandwidth or disk space usage over that basic allocation, then we will charge you its standard overage fee.
      • 1.2.3.3. A “Reasonable Use” policy will also apply to data traffic on VPS Services. For VPS Services, this means that if your use of the Web Hosting Services regularly generates more traffic than is customary for similarly situated customers, we may require you to modify your use of the VPS Services so that they no longer exceed this standard. If you do not modify your use, we reserve the right to terminate your use of the VPS Services and assess an Early Termination Fee.
      • 1.2.3.4. Our VPS Services allow you to connect with our network using a portion of a server partitioned in a manner that allows you to have virtual control over all features and aspects of that server, other than certain preset characteristics. While it will appear that you are the only entity using the server, some resources will be shared. You will take no actions to limit the use of the equipment by our other customers or other entities in general. You will not alter, or attempt to alter, mechanisms, including software, implemented by us to facilitate the sharing of a server. You understand that our implementation of certain aspects of the VPS Services designed to facilitate use by multiple parties may affect your use and administration of the equipment. You may not terminate this TOS based on our implementation of these features.
      • 1.2.3.5. For dedicated Services your site will be the only site operating on our equipment. This equipment is leased, and not sold to you. You will have no ownership interest in this equipment.
      • 1.2.3.6. Unused bandwidth may not be carried over from month-to-month.
      • 1.2.3.7. On termination or expiration of the Services, we shall be entitled immediately to block your access to the Services and to remove all data located on our equipment. It is your responsibility to download, or otherwise secure possession of, the data prior to the date of termination. If we terminate the Services without providing you with prior notice, we agree to preserve the data for a period of fourteen days, and allow you to download, or otherwise secure possession of, the data. If, after this period, you do not collect it, it may be deleted by us.

    1.3. The following provisions apply to colocation Services.

    • 1.3.1. When you purchase colocation Services from us, you are given a license (but not any other property rights) to occupy or use certain space (Space) within a IPXON Networks data center (Facility), as more particularly described during the Ordering Process. You may use the Space to colocate hardware, software and other equipment owned, licensed or leased by you or your designees, and utilized by you to receive the Services (Client-Provided Equipment).
    • 1.3.2. The Facility and the Space
    • 1.3.3. IPXON Networks shall perform such environmental systems and power plant maintenance and janitorial and other services as are reasonably required to maintain the Facility and Space in good condition suitable for the placement of the Client-Provided Equipment. The Space shall be delivered and accepted “as is.” The Facility will be monitored twenty-four hours per day, seven days per week, with card key access, conditioned power using UPS systems with back-up power generator capability.
    • 1.3.4. You may occupy the Space and place (at your own expense) Client-Provided Equipment in the Space. You may not sublicense, sublet, rent, sell, or otherwise assign or transfer any of your use, occupancy or other rights in the Space to any third party without our prior written consent, which consent may be withheld in our sole discretion.
    • 1.3.5. Prior to accessing the Space for any purpose, you shall provide IPXON Networks (and shall keep up to date) a list of your employees, agents, and contractors who will be entering the Facility on your behalf (Invitees). Invitees may access the Space at any time upon reasonable advance notice to IPXON Networks, and according to its requirements for appropriate behavior. You are responsible for the acts of your Invitees. The access to the datacenter is not possible in all our locations, and is subject to approbation. Some facilities only count with smart and remote hands services. All the invitees must to have insurance to access to the facilities.
    • 1.3.6. Client-Provided Equipment shall be installed, operated, inspected, maintained, repaired, replaced and removed (i) only by qualified agents of Client who are properly insured and, if applicable pursuant to standard industry practices, licensed; and (ii) in a safe and workmanlike manner. Prior written notice to IPXON Networks is required to use any loading docks. You shall not permit any liens to be placed against all or any portion of the Facility or any equipment of IPXON Networks.

    1.4. The following provisions apply to domain name registration Services.

    • 1.4.1. We resell domain name registration Services through ResellerClub.
    • 1.4.2. If your domain name is registered through ResellerClub, the following agreement applies to you:
    • 1.4.3. You can manage your domain any time throughout our customer panel.
    • 1.4.4. You agree, and understand, that the agreements linked above may contain further linked documents. It is your obligation to read, understand and agree to be bound by those agreements which are incorporated into this TOS by reference.
    • 1.4.5. In addition, the consensus policies of ICANN apply to you:
    • 1.4.6. Alterations: You shall not alter the Facility or Space, including cabling and power supplies, without IPXON Networks’s prior written consent, which consent may be conditioned on our receipt and approval of your plans and specifications for any such alterations. All fixtures, additions, repairs, build-outs and other alterations in or to the Space (Fixtures) shall be part of the Facility and you shall not remove such Fixtures unless required by IPXON Networks. Any other removal shall be at your expense. Within fifteen days following termination or expiration of the colocation Services, you shall remove all of your Client-Provided Equipment from the Facility and shall, at IPXON Networks’s request, restore (at your expense) the Space to its condition as of the Effective Date, reasonable wear and tear excepted. If you fail to effect such removal and/or restoration, IPXON Networks may do so at your expense. Any Client-Provided Equipment remaining in the Facility after such fifteen day period may, at IPXON Networks’s sole discretion, be removed, stored or disposed of at your expense in any manner IPXON Networks determines, with any proceeds applied to any unpaid amounts owed to IPXON Networks. Exercise of any of the foregoing rights by IPXON Networks shall not relieve Client of any of its payment obligations under the Agreement. IPXON Networks may terminate this Agreement if upon inspection we determine that your equipment is not installed or maintained in accordance with this Agreement, and if such a failure does not endanger our facilities, you have not corrected this deficiency within ten days of our notice to you.
    • 1.4.7. Right to Disconnect and Remove: If you fail to pay any amounts due and such failure continues for more than ten days, included in our right to terminate your use of the Space is the right to disconnect and remove any or all of the Client-Provided Equipment from the Space (including any data and/or software thereon), store such Client-Provided Equipment for a period not to exceed three months, and assess reasonable charges for such storage. Upon conclusion of the applicable storage period, we may, at your expense, dispose of the stored Client-Provided Equipment in any manner we determine, with any proceeds applied to any unpaid amounts owed to us. Exercise of any of the foregoing rights by IPXON Networks shall not relieve you of any of your payment obligations under the agreement.
    • 1.4.8. Security: Unless otherwise set forth in detail in the Service Order, the physical protection measures we provide shall consist solely of certain physical locks, security checks and monitoring at the Space. Client’s use of the Services shall constitute acknowledgment of the sufficiency of such protection measures. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SECURITY SOLUTIONS PROVIDED AS PART OF THE SERVICES DO NOT GUARANTEE NETWORK SECURITY OR PREVENT SECURITY INCIDENTS, ARE NOT INTENDED TO BE A COMPREHENSIVE SECURITY SOLUTION AND ARE CONSIDERED TO BE SERVICES FOR WHICH IPXON Networks LIMITS ITS LIABLITY AND DISCLAIMS WARRANTY AS PROVIDED IN THIS TOS.
    • 1.4.9. Compliance with Underlying Agreements: Upon receiving notice from us, you shall take all actions reasonably necessary to comply with requirements of any lease, mortgage or other similar underlying agreement or instrument related to or encumbering the Facility.
    • 1.4.10. Insurance: During the Term, you shall maintain insurance coverage with reputable insurance companies, with a Best Rating of no less than “A,” which are licensed to do business in the state in which the Space is located as follows: (a) Commercial General Liability insurance of at least $1 million per occurrence for bodily injury and property damage or loss, covering your activities hereunder, naming IPXON Networks as an additional insured; (b) “all risk” Property insurance or adequate self-insurance covering all Client-Provided Equipment (IPXON Networks does not insure the Client-Provided Equipment); and (c) legally required worker’s compensation insurance and Employer’s Liability insurance in an amount not less than $500,000 each accident. Such insurance policies shall be primary and noncontributing with respect to any policies carried by, and shall deny the insurer/underwriter any rights of subrogation against, IPXON Networks. You waive any rights of subrogation or recovery against IPXON Networks for damage or loss to its property. Prior to placing any Client-Provided Equipment in the Space, Client shall furnish IPXON Networks with certificates of insurance that evidence the minimum coverages set forth above and state that the insurer shall notify IPXON Networks at least thirty days prior to termination or modification of the coverage provided. You shall provide to IPXON Networks certificates of renewal for each such insurance policy within thirty days of renewal. In the event of your breach of any of the insurance obligations, we may upon written notice immediately suspend your physical access to the Facility until such breach is cured. If you do not cure such breach within ten days of suspension, IPXON Networks may terminate this Colocation Addenda or the agreement as provided herein.
    • 1.4.11. Cross Connect Services: You may use the Facility or Space to interconnect with telecommunications services provided by any third party in the following circumstances: (i) cross connects are only permitted for additional NICs; and (ii) the services must be within a reasonable physical proximity so that standard cabling may connect them. IPXON Networks may condition other types of cross connection on the payment of additional Fees.
    • 1.4.12. Relocation: We reserve the right to require you to relocate your Equipment. While we will not do so arbitrarily, it may be necessary to accommodate our network and facilities planning. If we do so, we will give you no fewer than seven days’ notice.