acceptable use policy and terms of service

Revision Date: 06/22/2013

IPXcore’s services can be utilized for any type of legal 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.

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 and/or operating in a foreign country.

Limitation of Liability:
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of IPXcore and that damages resulting from any interruption of service are difficult to ascertain.
Subscriber agrees that IPXcore shall not be liable for any damages arising from such causes beyond the direct and exclusive control of IPXcore. Subscriber further acknowledges that IPXcore’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall IPXcore be liable for any special or consequential damages, loss or injury. IPXcore is not responsible for any damages or loss of income Subscriber’s business may suffer.
IPXcore does not make implied or written warranties for any of our services. IPXcore denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by IPXcore.

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. Multiple accounts per Subscriber are not allowed.
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.

Cancellation:
Subscriber must submit cancellation requests from Subscriber’s authenticated client area. IPXcore is unable to accept cancellation requests from emails, support tickets sent via unauthenticated means, or live chat. IPXcore is unable to grant exceptions. All account credits will be forfeited at the time of cancellation. Subscriber may request that IPXcore delete all Subscriber information at the time of cancellation.

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. From time to time, IPXcore may send Subscriber information and/or notices that may or may not be totally relevant to Subscriber; Subscriber may not opt out of these communications.

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 are suspended or terminated due to prohibited content or activities.
If Subscriber has paid for service in advance, such as quarterly payment, then IPXcore will refund Subscriber for unused whole months of service.
Domain registration, and third party vendor fees such as licenses, do not qualify a refund.

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.
If Subscriber initiates a dispute or chargeback, or threatens such action, IPXcore may terminate Subscriber’s services immediately and without further 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.
The first order for a service that a Subscriber subscribes to will be subject to a trial period of 3 days. This trial period may be rescinded or extended at IPXcore’s sole discretion. The trial period is nulled if Subscriber uses more than 90% of their allocated monthly transfer within the trial period.
If the Subscriber purchases or licenses a third party service, IPXcore cannot guarantee that the fee charged by this vendor will remain the same throughout Subscriber’s service. If the vendor changes its fee, this increase will be passed on to Subscriber.
IPXcore may decline to accept an order for service if IPXcore determines that the facilities are required for other needs.

Fraud Prevention:
IPXcore utilizes Maxmind and Fraudrecord to automatically process all new orders. All new accounts may be subject to a manual account review.
All invoice payments for existing services by Subscriber may be subject to random manual reviews.
In the event that IPXcore, during it’s manual reviews, discover any points that IPXcore requires further clarification on, IPXcore will contact Subscriber via support ticket and/or email, and at IPXcore’s discretion, may suspend Subscriber’s services until the verification issue is resolved with Subscriber. In the event that it takes multiple days to resolve a verification issue, IPXcore will credit Subscriber’s account with the number of days it took to resolve the issue.
All dedicated server orders require a scan of a valid, current government-issued photo ID to be submitted to IPXcore before the dedicated server order will be activated.

Payment Schedule:
IPXcore’s automated billing system runs daily at 7:00am MST (-7 UTC).
IPXcore bills two weeks before the invoice due date.
IPXcore sends out a payment reminder the same day that the invoice is due.
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 does not pay the invoice by the 7th day after the invoice is due, IPXcore will terminate Subscriber’s service, without notice. Upon termination, Subscriber’s service data will be deleted without possibility for recovery.
It is Subscriber’s responsibility to ensure that steps are taken to receive all email communications from IPXcore, and to keep track of due dates for Subscriber’s services. IPXcore will not offer compensation downtime stemming from suspension/termination for Subscriber’s lack of responsibility on keeping track of service due dates.

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.
In the event that Subscriber’s service becomes maliciously compromised, IPXcore’s sole remedy will be to return Subscriber’s services to their ‘day one’ state. IPXcore will offer Subscriber an archive of their data before it is returned to the ‘day one’ state. It is Subscriber’s responsibility to restore Subscriber’s data and software.

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, live chat, 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:

IPXcore, Vodopo LittleVPS, Pingmon
WEEKDAYS (Mon, Tue, Wed, Thu, Fri):
4 AM(0400) to 9 PM(2100): 20 minutes or less
9 PM(2100) to 4 AM(0400): 4 hours or less

WEEKENDS (Sat, Sun):
Any time of day: 4 hours or less

WEEKDAYS (Mon, Tue, Wed, Thu, Fri):
9 AM(0900) to 5 PM(1700): 4 hours or less
5 PM(2100) to 9 AM(0400): Processed beginning at 9 AM.

WEEKENDS (Sat, Sun):
Any time of day: 12 hours or less

Please note that these are support ticket response goals, not issue resolution goals. IPXcore does not offer compensation for support tickets that fall outside of the response goals. Depending on factors outside of our control, issue 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.

Data Backup / Preservation:
In the event of data loss, IPXcore’s default action will be to restore Subscriber’s services to their “day one” state. IPXcore maintains backups of Subscriber data for IPXcore’s use in restoring services as needed. These backups may or may not be available to Subscriber, at IPXcore’s discretion, unless Subscriber has explicitly purchased backup services from IPXcore. Any complimentary backup files provided to Subscriber will be a raw archive of the entirety of Subscriber’s data; it is the Subscriber’s responsibility to restore Subscriber’s data. If Subscriber has purchased backup services from IPXcore, IPXcore will restore backups to Subscriber’s services; IPXcore will not restore backups to any third-party service or network. Additionally, IPXcore does not guarantee that backups will be restorable, either to IPXcore’s network, or to a third-party. IPXcore does not guarantee that a backup will restore Subscriber’s data to any specific point in time. IPXcore will not offer compensation for data lost, unless Subscriber has explicitly purchased backup services from IPXcore, in which case IPXcore’s liability will be limited to the monthly subscription price of Subscriber’s service.

Unmanaged Service:
If Subscriber have chosen an IPXcore service that is unmanaged, IPXcore’s support will be limited to resolving issues with IPXcore’s servers or networks. IPXcore will not help with installation, configuration, or troubleshooting of any third-party scripts or software that do not pertain to the management of IPXcore’s servers or networks.

DMCA:
IPXcore requires DMCA notices to be filed via letter or digitally signed email. The complaint must include full contact information in the complaint (including email address and phone number). We may call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints. IPXcore is committed to making submitting notices of alleged infringement to IPXcore as simple as possible, while reducing the number of notices that we receive that are fraudulent, difficult to understand, and/or verify. IPXcore may ignore incorrectly formatted notices that do not comply with the requirements of the DMCA. IPXcore may request written notification via regular mail, even if sent via digitally signed email, at IPXcore’s discretion.
Regardless of whether we may or may not be liable for such infringement, our response(s) to these notices may or may not include removing or suspending access to claimed infringing materials, and/or potentially terminating subscribers. If we disable or suspend access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may submit a counter notification. We may also document notices of alleged infringement that we act upon. Please do note that in addition to your request being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it.

Copyright Infringement Notification:
To file a notice of copyright infringement with us, you must provide a written communication (by regular mail or digitally signed email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format:

  • Identify, in sufficient detail, the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on http://www.example.com/infringing_page.html”) or other information sufficient to adequately specify the copyrighted work being infringed.
  • Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
  • If you are sending a large number of URLs in one removal request, please also a listing of the URLs in a single list.
  • Provide information reasonably sufficient to permit IPXcore to contact you. Phone number and email address are required.
  • Provide information, if possible, sufficient to permit IPXcore to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
  • Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  • Sign the paper.

Send the written communication to the following address:

IPXcore LLC
16210 S 11th Pl
Phoenix, AZ 85048

Send the digitally signed email to the following address:

abu@ipxcore.com

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.

Vodopo:
All points of this AUP/TOS apply to Vodopo VPN services. IPXcore reserves the right to limit Subscriber’s network speed if it is determined that Subscriber is using more than fair-share of bandwidth.
The limit of logging for Vodopo services is to match total amount of data transferred with Subscriber’s account. In no event shall Vodopo log the sites that a Subscriber visits, or any other Subscriber traffic.

Spam policy:
IPXcore does not allow automated email systems on IPXcore’s network. 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:
Legal adult and/or pornographic content is permitted as defined 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. These records must be submitted to IPXcore on request. IPXcore will not verify these records otherwise. In the event of an age or identity issue, 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. IPXcore will suspend Subscriber’s service, and will retain Subscriber’s data to provide to the relevant authorities.

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 usage of IRC servers, 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.

Distributed computing clients:
Distributed computing clients are not allowed on IPXcore’s networks. Bitmining is not allowed on IPXcore’s networks.

CPU Usage:
Subscriber’s programs and services may not use more than 90% of one CPU core per process thread for more than 15 minutes. Subscriber’s programs and services will be arbitrarily “niced” to +19 if found to be using more than 90% of one CPU core per process thread. Subscriber’s programs and services may not use 100% of one CPU core for more than 2 minutes.

Ignorantia legis neminem excusat:
IPXcore will not grant that any Subscriber, unaware of a point of this AUP/TOS, may escape liability for violating this AUP/TOS merely because Subscriber was unaware of the content of this AUP/TOS. In the event Subscriber is uncertain if Subscriber’s actions will violate IPXcore’s AUP/TOS, Subscriber must contact IPXcore, via any recordable means, to receive a disposition for Subscriber’s actions. Failure for Subscriber to contact IPXcore for a disposition will not grant impunity, and may cause Subscriber’s account to be suspended or terminated at IPXcore’s discretion.