Terms Of Services

The Services We Provide

In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term “services” refers to the web hosting services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term “Martfox Internet Services” or “us” or “we” refers to Martfox Internet Services.

Permission to Host Your Content

For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.

Personal Information

When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase Martfox Internet Services), and will take reasonable steps to keep it from being disclosed to any third party. Read more in our Privacy Policy.

You consent to be called by a representative of www.Martfox Internet Services.com at the telephone number above and/or emailed important information about Martfox Internet Services products and services.

Backup Policy

The specific backup policy depends on what type of account you have. We do make daily backups for all our servers except dedicated servers.

We can restore your web, email and database content from those per your request. However, this is NOT a procedure you should rely on to keep copies of your content safe; we recommend you make your own backups. Our backups are made every day on and only the newest backups are kept. We make no guarantees about our daily backups, and we do require a EUR 10.00 fee to restore the Martfox Internet Services backups. If you can provide your own backup file, then the fee is EUR 0 (free).

For backups that we do provide, our backups are provided as a courtesy and we do not guarantee our backups. It is recommended that you make your own backups as extra protection.

You are responsible for your backups and web content.

We highly recommend that all web hosting users backup their accounts using the backup feature of the cPanel web hosting control panel and download a copy of the backup to a local drive or a backup server. All backup files on our shared servers will be deleted.

USERS ARE NOT ALLOWED TO STORE ANY THEIR BACKUPS ON ANY SHARED OR SEMI-VPS SERVERS.

Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups.

Martfox Internet Services shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site.

If you are suspended for more than 3 days when we run backups, your old backup will be erased and you will not be included in the new backups. Thus, we will have NO backups for your account. So, it is very important that you maintain your own backups.

Acceptable Use/Illegal Activity

Martfox Internet Services strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:

– Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited.

– Hosting of files or other data that infringes on another’s copyright or other intellectual property rights.

– Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.

– Uploading or linking to any content that violates another’s right of publicity or privacy.
– Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.

– Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.

– Hosting large amounts of data not specifically tied (“linked”) to your hosting account. Martfox Internet Services encourages users looking for file storage/backup solutions to seek other services that specialize in this.

Content

All services provided by Martfox Internet Services may only be used for lawful purposes.

The customer agrees to indemnify and hold harmless Martfox Internet Services from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email info [at] Martfox Internet Services.com with the information required.

Examples of unacceptable material on all our servers include:

– IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

– Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any Martfox Internet Services server without our permission.

– You may create your own backup of your account from your control panel however these may only be stored for up to 7 days. Please download archives to a local source and remove them from your account.

– Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

Martfox Internet Services services, including all related equipment, networks and network devices are provided only for authorized customer use. Martfox Internet Services systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Martfox Internet Services system(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at info [at] Martfox Internet Services.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Direct customers: Your services will be terminated with or without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 and files 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. All files over 10MB must be linked from files within the same account and also publically available through any domain name attached to your account. Large files (files over 10MB) should not take up more than 40% of the data on your hosting account.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read our Anti-Spam Policy for our generalized mail policy. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Martfox Internet Services reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Martfox Internet Services reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Martfox Internet Services.

Resource Usage

User may not:

– Use 20% or more of system resources for longer than 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 (including Google Cash / AdSpy) on shared servers.

– Run any software that interfaces with an IRC (Internet Relay Chat) network.

– Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.

– Participate in any file-sharing/peer-to-peer activities.

– Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.

– Run cron entries with intervals of less than 15 minutes.

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 20% of the server resources.

Trial accounts

It is allowed to use only one trial account pro customer (registered name, IPs, e-mail addresses, domain registrar records, etc.). After the trial period all accounts will be terminated automatically (all files will be deleted) unless the customer had upgraded his trial account to a regular paid plan before the trial expiration date.

You MAY NOT use or create a trial account if you do have currently a regular paid hosting account with us.

Refund Policy

If you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation. If the problem cannot be fixed and you are unhappy with the service you are entitled to a refund within 14 days.

Refunds are not available for Domain Registrations, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, Dedicated IP Addresses or any other products or services provided by us through other companies. No refunds are provided for VPS or Dedicated servers, leased products and upgraded accounts from a free trial account, discounted services and products or special offers under any circumstances.

No refunds will be made if we terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.

Refund for the CS-Cart Software

A customer may request a refund within 100 days and receive a full refund of their purchase price. Your money will be refunded only once. If you choose at a later date to buy another license this will not be subject to a refund request. Anyone requesting a refund who owns more than one license, will not be given a refund.

Any software purchased at a discount price or additional licenses, will not be eligible for any refunds.

Prices

Martfox Internet Services has the right to change the prices without any notification.

Credits

Credit on your account cannot be refunded and must be used for purchases and renewals. Refunds will be issued at our discretion. Setup fees are non-refundable.

Free Domain Conditions

A free domain name will be registered for you with Beta, Gamma or Ecommerce Semi-VPS hosting package by annual payments. The free domain must be added at the same time as ordering your package. It cannot be added later.

Only one domain will be registered free of charge per new hosting package. Free domains are not provided for upgraded accounts.

Minimum hosting term of 12 months, after which you will be free to transfer the domain to another host should you wish. The domain also may not be transferred to another client during this time.

Your domain name is free of charge as long as your hosting package assigned to the doamin name is active with us!

If you cancel your hosting before the 12 month paid period Martfox Internet Services reserve the right to cancel or resell your domain.

The offer applies to .com, .net,. info, .co.uk, .me.uk, .org.uk domains only.

Cancellation Procedure

Cancellation requests must be submitted through the client area. To do this, click the icon next to the package you wish to cancel then press ‘Request Cancellation’. You must then complete and submit the form.

Choosing an immediate cancellation means your service will be terminated within 24 hours of submitting the form.

It is your responsibility to ensure any PayPal subscriptions you have setup are cancelled.

No other forms of cancellation are accepted.

Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due.

YOU CANNOT CANCEL YOUR ACCOUNT WHEN YOU HAVE AN OUTSTANDING BALANCE.

Suspension & Termination of Services

If you fail to pay any sums due to us as they become due, we will suspend ALL our services and/or terminate this Agreement forthwith without notice to you.

If, at any time, a chargeback is issued through your credit card company, bank or Paypal (including Paypal disputes) we will immediately suspend all services listed on your billing account, including services not covered under the chargeback or dispute, and start collection efforts. These same terms apply to overdue invoices. 14 days after the due date we will activate our debt collection company. Client will be responsible for all collection cost and fees.

If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following an e-mail message from us specifying the breach, we may terminate this Agreement forthwith.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.

On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.

FOR EACH HOSTING ACCOUNT RE-ACTIVATION WILL BE CHARGED EUR 15.00

These Terms of Service May Change

Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.

DMCA Copyright Infringement Information

In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:

– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

– a description of the copyrighted work or other intellectual property that you claim has been infringed;

– a description of where the material that you claim is infringing is located on the site;

– your address, telephone number, and email address;

– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

– a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our agent for notice of claims of copyright infringement can be reached as follows: By email: info [at] Martfox Internet Services

Indemnification

If Martfox Internet Services. is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if Martfox Internet Services. is found liable or pays to settle the dispute. In legal terms, this is called “indemnification.” Not only do you agree to reimburse Martfox Internet Services. for what it pays to satisfy a judgment or settle a case, you also agree to pay Martfox Internet Services.’s reasonable attorney’s fees and all other costs Martfox Internet Services. incurs in defending itself.

Disclaimer of Warranties

You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. Martfox Internet Services EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Martfox Internet Services MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Martfox Internet Services DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.

Limitation of Liability

Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, Martfox Internet Services. cannot be held liable for it. IN NO EVENT SHALL Martfox Internet Services BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Martfox Internet Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of Martfox Internet Services due to your enrollment in the affiliate program.

Governing Law and Choice of Form

All matters relating to your access to and use of the Site shall be governed by U.S. federal law or the laws of the States of where the specific website you are viewing is hosted without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in the jurisdiction in which the specific website you are viewing is hosted.

When These Terms Take Effect

This agreement becomes effective once you submit your order with us or open an account with us for web hosting services of any kind (dedicated, vps, shared, etc.). If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification.

By using Martfox Internet Services you agree to the above terms of service.