AUP / TOS

Revision Date: 3/27/2012

IPXcore’s services can be utilized for any type of individual, organizational, or business use. IPXcore has developed this document, which covers both documents traditionally titled “Acceptable Use Policy (“AUP”) and Terms of Service (“TOS”), intended as a guide to the Subscriber’s rights and obligations when utilizing IPXcore’s services.

The terms “we”, “us” or “our” shall refer to IPXcore. The terms “you”, “your”, “User”, “Subscriber” or “Customer” shall refer to any individual or entity who accepts this AUP/TOS. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

IPXCORE PROVIDES THIS SERVICE WITHOUT WARRANTABILITY OR MERCHANTABILITY, EXPRESS OR IMPLIED. IPXCORE RESERVES THE RIGHT TO, AT ITS DISCRETION, CANCEL, SUSPEND, OR TERMINATE ACCESS TO IPXCORE’S SERVICES AT ANY TIME AND FOR ANY REASON WITHOUT NOTICE.IPXCORE RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE, FOR ANY REASON, AT ANY TIME.

AUP/TOS Revision:
This AUP/TOS will be revised from time to time as needed, and supersedes any prior revisions, including the AUP/TOS in effect when Subscriber originally applied for service with IPXcore.
All Subscribers in good standing that wish to continue their service with IPXcore must agree with any revisions or amendments to the AUP/TOS.
If Subscriber chooses not to accept the new AUP/TOS revision, then IPXcore will terminate Subscriber’s service as of the effective date of the newest AUP/TOS revision, and provide a pro-rated refund of the remainder of Subscriber’s subscription.

Account Registration:
All new accounts MUST be registered with valid, verifiable information. Any new accounts registered with blatantly false information will be refunded and deleted without notice.
Subscriber must maintain accurate and current identification information with IPXcore through the entire term of Subscriber’s service with IPXcore. Any change in information may be verified by IPXcore, and if IPXcore is unable to obtain verification, IPXcore may suspend or terminate Subscriber’s service.
Purchasing services from IPXcore while utilizing a VPN or other such methods is strictly forbidden.

Refunds:
If the Subscriber terminates service with IPXcore on good terms prior to the end of the trial period, IPXcore will issue a refund for the full amount paid.
If the Subscriber terminates service with IPXcore after the end of the trial period, no refund will be issued.
If IPXcore terminates a Subscriber without cause, IPXcore will issue a refund for the prorated amount of the Subscriber’s remaining balance, based on factors such as time subscribed, time remaining, and resources utilized.
IPXcore will not issue refunds for accounts that have been terminated due to prohibited content or activities.

Billing:
When a Subscriber signs up for service, an invoice will be generated that is due immediately. Service will not commence until Subscriber pays the invoice.
In the event Subscriber pays with a payment that turns out to be fraudulent, Subscriber’s services and account will be terminated immediately and without notice.
All payments made to IPXcore must be made from the same name, or a reasonable similarity thereof, the name on the Subscriber’s account at IPXcore. Subscriber may open a billing ticket with IPXcore and request permission to pay from a different account, however, this is at IPXcore’s discretion.
All existing invoices must be paid before ordering new services. If a Subscriber creates a new order without paying existing invoices, the new services may be terminated and refunded, at IPXcore’s discretion.

Payment Schedule:
IPXcore bills two weeks before the invoice due date.
IPXcore sends out a payment reminder one week before the invoice due date.
IPXcore sends out invoice overdue notices on the first, second, and third day an invoice is overdue.
If Subscriber does not pay the invoice by the 4th day after the invoice is due, IPXcore will suspend Subscriber’s service. Subscriber will be notified that their service has been suspended.
If Subscriber continues to not pay the invoice by the 7th day after the invoice is due, IPXcore will terminate Subscriber’s service, without notice.

Subscriber’s Contact Information:
IPXcore is not responsible for damages or compensation resulting from Subscriber’s inability to receive communication from IPXcore, such as but not limited to notification of downtime, or notification of suspension of Subscriber’s services.

Service Suspension:
Upon notification or discovery that Subscriber is performing actions that violate this AUP/TOS, IPXcore will suspend Subscriber’s services until the issue has been resolved to IPXcore’s and/or the notifying party’s satisfaction. If the issue takes multiple days to resolve, and it is determined that Subscriber is operating within the provisions of this AUP/TOS, IPXcore will credit Subscriber’s service for the number of days of suspension.
IPXcore complies with the requirements of the Digital Millenium Copyright Act (DMCA), including for Subscribers that are of foreign heritage.

Service Security:
Subscriber is required to maintain a secure account, utilizing good security practices. This includes, but is not limited to, choosing and maintaining secure passwords on servers, shared hosting accounts, and other services provided by IPXcore.
If it is determined that Subscriber is maintaining weak account security, IPXcore will, at it’s discretion, suspend or terminate Subscriber’s service, without a refund.
Subscriber agrees to notify IPXcore of any unauthorized activity on Subscriber’s account or services, or any other breach of security. Subscriber agrees to take any action necessary to rectify any security issues.

Support:
Subscriber is required to submit all support issues via the support ticket system that Subscriber is given access to upon initiation of service. Submitting support issues via email, phone, or any other method, may not have speedy resolution.
IPXcore strives to maintain 24/7 support under the following response goals, when submitted via support ticket system:

These times are Mountain Standard Time zone, which is -7 UTC:
WEEKDAYS (Mon, Tue, Wed, Thu, Fri):
4 AM(0400) to 9 PM(2100): 20 minutes or less
9 PM(2100) to 4 AM(0400): 2 hours or less

WEEKENDS (Sat, Sun):
Any time of day: 1 hour or less

Please note that these are support ticket response goals, not issue resolution goals. Depending on factors outside of our control, resolution may take longer than anticipated. IPXcore does not offer compensation for such delays.
Issues may be worked by multiple support techs. Please do not request resolution by a specific tech, as this will delay resolution of Subscriber’s issue.

Excessive Utilization of Resources:
IPXcore allows and encourages utilization up to 100% of the allotted resources that Subscriber has subscribed to. IPXcore monitors and curtails resource usage that is outside the allotted resources. IPXcore, at it’s discretion, will take action against Subscribers using excessive resources, including, but not limited to, billing for resources used, account suspension, account termination, prosecution.

Spam policy:
Utilizing IPXcore’s services to send bulk and/or commercial information, via any methods, is prohibited. Maintaining an open, unsecured SMTP relay is prohibited. Upon receipt of a complaint, IPXcore will investigate the issue, and at IPXcore’s discretion, will suspend or terminate the Subscriber’s account. IPXcore reserves the right to prosecute, and to collect resultant legal fees.

Adult or Pornographic Content:
Adult and/or pornographic content is permitted as defined legal within the jurisdiction of the United States of America, and the State of Arizona. For pornographic content from a “primary producer”, all actors/models must have records on file per 18 USC 2257. In the event of an age or identity issue, these records must be submitted to IPXcore on request. IPXcore will not verify these records otherwise. The Subscriber, and not IPXcore, will be held fully accountable for incorrect or incomplete records.

Child pornography:
IPXcore will notify law enforcement authorities, in both IPXcore’s and the Subscriber’s jurisdictions, when IPXcore becomes aware of the presence of child pornography within IPXcore’s services.

Illegal or Unauthorized Access to other Computers or Networks:
Utilizing IPXcore’s services to access, illegally or without authorization, computers, accounts, and/or networks belonging to another party, or to attempt to circumvent security measures, is strictly prohibited.

Destructive Activities:
Distributing internet viruses, root kits, password crackers, adware, worms, Trojan horses, and/or other malicious or destructive software, is strictly prohibited. Activities that disrupt IPXcore’s services, and/or any other network or system, is strictly prohibited. Excessive pinging, flooding, mail bombing, and/or denial of service attacks are strictly prohibited

Other Illegal Activities:
Engaging in activities that are determined to be illegal, at either IPXcore’s discretion, or that of law enforcement authorities, are strictly prohibited. Including, but not limited to: death threats, terroristic threats, threats of harm to another individual or company, ponzi schemes, pyramid schemes, invasion of privacy, credit card fraud, identity theft, racketeering, and pirating software or music.

Terroristic or Hate Websites:
IPXcore strictly prohibits websites, content, information, or data advocating human violence and/or hate crimes based upon religion, ethnicity, gender, country of origin, or race.

Internet Relay Chat (IRC):
IPXcore allows the hosting of IRC servers, and the usage of clients and benign bots. IPXcore prohibits any other use of IRC software, including but not limited to botnets, warez bots, and other forms of bots that violate other sections of this AUP/TOS.

BitTorrent:
IPXcore allows the hosting of legal torrent content that the Subscriber holds any copyright or trademark to, or that the Subscriber is an agent of the owner of the content, or content that is not copyrighted. IPXcore also allows hosting of trackers for legal torrent content. Upon request, Subscriber must submit to IPXcore proof that Subscriber is legally entitled to distributed said content. IPXcore prohibits trackers, linking to, scripts, and other content related to illegal and/or copyrighted material.

Game Servers:
Game servers are allowed within IPXcore’s services. Please note that many game servers are resource intensive. Please refer to aforementioned Excessive Utilization of Resouces section, which will be enforced. IPXcore will not make refunds due to claims such as poor internet latency, packet loss, when IPXcore’s services are used for game servers.

Video streaming and large file hosting:
Video streaming and large file hosting is allowed within IPXcore’s services. Content must be legal, and either owned by Subscriber or be an agent of the owner of the content, or not copyrighted. Please note that such activity is resource intensive. Please refer to aforementioned Excessive Utilization of Resouces section, which will be enforced. Upon request, Subscriber must submit to IPXcore proof that Subscriber is legally entitled to distributed said content.

Proxies:
IPXcore allows proxy servers, that do not violate the previously described “Excessive Utilization of Resources” section or the “Illegal or Unauthorized Access to other Computers or Networks” section. All proxies MUST be secure; absolutely no open proxies are allowed under any circumstance.

Tor, JonDonym, and other anonymity networks:
Exit nodes of anonymity networks are prohibited. Subscriber may run relay nodes after informing IPXcore that such software will be operated. Subscriber accepts all responsibility for content passing through the node.