Terms & Conditions
Payment Obligations, Renewals and Cancellations
Use of our Service constitutes acceptance and agreement to Highmax Media Services AUP as well as TOS (Terms of Service). The AUP (Acceptable Use Policy) may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination. • Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Highmax Media Services shall have the right to terminate all service set forth in this Agreement. • Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees, if any. • Legal Threats & Professional Behavior: Please behave in a reasonable manner towards Highmax Media Services' employees / owner. Any unreasonable threats, either personal or against the company will receive a warning for breach of these conditions. Personal abuse towards Highmax Media Services employees / owner or legal threats against the company is viewed as extremely serious. Highmax Media Services, reserves the right to refuse to do business with a person or company as a result and possibly terminate any accounts in question. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company'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 the company be liable for any special or consequential damages, loss or injury. Refunds will not be given to accounts that have been canceled or suspended due to abuse of our services based on our terms of service and acceptable use policy. • Support Boundaries: Highmax Media Services, provides online technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: • Highmax Media Services provides support related to your server or virtual site physical functioning. • Highmax Media Services does not offer tech support for application specific issues such as CGI programming, html or any other such issue. • Highmax Media Services does not provide technical support for YOUR customers (in case of resellers). If you can e-mail, we encourage you to e-mail: firstname.lastname@example.org • Highmax Media Services’s office time and Chat / Phone / Email support time is Monday to Saturday, between 10.00 AM to 7.00 PM. However we also provide Chat / Phone / Email support between 7:00 11:59 PM from Monday to Saturday at our discretion. Sunday our office will be Closed for any kind of Support. • SPAM and Unsolicited Commercial E-mail (UCE): Highmax Media Services takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of Highmax Media Services may not use or permit others to use our network to transact in UCE. Customers of Highmax Media Services may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Violation of Highmax Media Services SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Highmax Media Services will initiate an immediate investigation (within 48 hours of notification). During the investigation, Highmax Media Services may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Highmax Media Services may, at its sole discretion, restrict, suspend or terminate Customer's account. Further, Highmax Media Services reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Highmax Media Services will notify law enforcement officials if the violation is believed to be a criminal offense. Your account will be reviewed for possible immediate termination. A second violation will result in an immediate termination of your account. • IP Address Ownership: If Highmax Media Services assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Highmax Media Services, and Customer shall have no right to use that Internet Protocol address except as permitted by Highmax Media Services in its sole discretion in connection with the Services, during the term of this Agreement. Highmax Media Services shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Highmax Media Services, and Highmax Media Services reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. • System Resource Usage (CPU/Memory/etc.): Per our AUP, abuse of system resources is prohibited. First violations may or may not cause an account suspension depending on the severity of the issue. The customer will receive a clear warning. Second or third violations may result in an immediate termination of your account. Highmax Media Services staff members will judge based on server performance on what type of activity is considered as abusive. • Background Processes: Background processes are not permitted. Please consult us whether your application can be handled by your product of choice. • Cron Jobs: While customers are able to setup cron jobs through their control panel (linux only), cron job timing can not be quicker than every 5 minutes. Each server will revert 'every minute' cron jobs to every 5 minutes on a nightly basis. • Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. Highmax Media Services will monitor Customer's bandwidth and disk usage. Highmax Media Services shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Highmax Media Services sole and absolute discretion. If Highmax Media Services takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Using a shared account as a backup/storage device is not permitted. Do not keep backups on the server of your websites or installation scripts. Examples of unacceptable material on all Shared and Reseller servers include: • Torrent Sites • Topsites • IRC Scripts/Bots • Proxy Scripts/Anonymizers • Pirated Software/Warez • Image Hosting Scripts (similar to Photobucket or Tinypic) • AutoSurf/PTC/PTS/PPC sites • IP Scanners • Bruteforce Programs/Scripts/Applications • Mail Bombers/Spam Scripts • Banner-Ad services (commercial banner ad rotation) • File Dump/Mirror Scripts (similar to rapidshare) • Commercial Audio Streaming (more than one or two streams) • Escrow/Bank Debentures • High-Yield Interest Programs (HYIP) or Related Sites • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme) • Sale of any controlled substance without prior proof of appropriate permit(s) • Prime Banks Programs • Lottery Sites • MUDs/RPGs/PPBGs • Hateful/Racist/Harassment oriented sites • Hacker focused sites/archives/programs • Sites promoting illegal activities • Forums and/or websites that distribute or link to warez/pirated/illegal content • Bank Debentures/Bank Debenture Trading Programs • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com) • Mailer Pro • System and Network Security: Users are prohibited from violating or attempting to violate the security of the Highmax Media Services Network. Violations of system or network security may result in civil or criminal liability. Highmax Media Services will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations includes : i) without limitation: Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. ii) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. iii) Attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". iv) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting. v) Taking any action in order to obtain services to which such User is not entitled. • Backups and Backup Access: Customer acknowledges that individual site backups are the responsibility of the customer. Highmax Media Services keeps overall system snapshots in case of full system recovery and may not be able to provide you with on-demand recovery in case of individual file corruption or accidental deletion. in case of require restoration of a particular file / files or data / database of your website, we can restore it on demand but it is not guaranteed. It depends upon the availability of the data on the alternate server. Server keeps data backup rotating every month. So users will get latest 1 month older data backup to restore. We can restore lost backups of website by the customer, free of cost for one time in a year. If a particular customer demands backup restoration for multiple websites, it will be chargeable for each website Rs. 1000.00 each. • Suspension of Service or Cancellation: Highmax Media Services reserves the right to suspend network access to any customer if in the judgment of the Highmax Media Services network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Highmax Media Services chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. • Right to refuse service: Highmax Media Services reserves the right to refuse service to any customer at any time within reasonable means / requests. • Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. This information can be kept up to date . A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. No chat software /scripts are to be used on our servers unless approved by management. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation. Highmax Media Services takes no responsibility for any material input by others and not posted to the Highmax Media Services Network by Highmax Media Services. Highmax Media Services is not responsible for the content of any other websites linked to the Highmax Media Services Network; links are provided as Internet navigation tools only. Highmax Media Services disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy. Highmax Media Services is not responsible for any damages your business may suffer. Highmax Media Services does not make implied or written warranties for any of our services. Highmax Media Services 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 Highmax Media Services. Responsibility for Content: You, as Highmax Media Services customer, are solely responsible for the content stored on and served by your Highmax Media Services server Our Response Time for Support : Our maximum execution time to provide support and reply the Emails for any queries is 24 hours. However we try to reply of any queries and support ASAP.