Welcome to Nixuz Limited
These terms and conditions outline the rules and regulations for the use of EBN
host limited's Website, located at https://www.nixuz.net
By accessing this website we assume you accept these terms and conditions. Do
not continue to use www.nixuz.net if you do not agree to take all of the terms
and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy
Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your"
refers to you, the person log on this website and compliant to the Company’s
terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers
to our Company. "Party", "Parties", or "Us", refers to both the Client and
ourselves. All terms refer to the offer, acceptance and consideration of payment
necessary to undertake the process of our assistance to the Client in the most
appropriate manner for the express purpose of meeting the Client’s needs in
respect of provision of the Company’s stated services, in accordance with and
subject to, prevailing law of Netherlands. Any use of the above terminology or
other words in the singular, plural, capitalization and/or he/she or they, are taken
as interchangeable and therefore as referring to same.
1. Payment and Delivery of Service
- 1.1 Nixuz allows payment with a limited number of Debit Cards and Credit
Cards. The transactions will be executed by an appointed "Payment Gateway". The
Payment Gateway is a separate organization that will collect your payment and forward it to
the processing bank for further execution. The Payment Gateway will be responsible for
executing all transactions with your banks.
- 1.2 In order to be able to buy over https://www.nixuz.net you need to register first. Nixuz
limited Guarantees the price as of the purchase day will remain valid till delivery date. That
means if the price increases or decreases after your order, you will not be charged for price
increment or returned any amount for price decrement from the order price.
- 1.3 All orders are delivered electronically via email, If you have any questions about your
order please contact us [email protected]
- 1.4 Our service hours are 365 days a year, 24/7
- 1.5 You will have order your package and complete your payment, you get your service
- 1.6 Please note that once you confirm your payment, you will not be able to cancel your
- 1.7 For any unsuccessful payment request, you must contact your Card issuing Bank or the Bank in which you maintain your account. For any other payment related queries, please
also contact your bank.
- 1.8 We can't provide any premium domain if show available.
- 1.9 The Service Provider reserves the right to cancel the My Nixuz limited. Service, or
change the Terms of Service and the User Agreement for the My Nixuz limited without
prior notice to the User.
2. Suspension & Cancelation Policy
There are several reasons why your website could potentially become suspended. However, the most
common reason for the suspension is Overdue Payment.
Possible Reasons why your website is suspended
- 2.1 Overdue Payment
There are several reasons why your website could potentially become suspended. However, the most common reason for the suspension is Overdue Payment time auto generate a mail if you avoid this your site has been suspended for overdue payment.
- 2.2 Malware
- 2.3 Phishing
Phishing is a method of gathering personal information using deceptive e-mails, websites, and the site
content that falsifies legitimacy, taken or adjusted from a legitimate company, to gain sensitive information
or personally identifiable information.
- 2.4 High Uses
The site you use will be suspended when the resource (cpu, ram, core, I/O etc) you use exceeds your allowed limit.
- 2.5 High bulk mail or spam mail
If you want to send or receive bulk , spam mail from your account or do banned email marketing, your account will be suspended or terminated without any previous notice and you will have to pay high penalty if any damage is done to the server due to your bulk mail.
- 2.6 Copy right
If claim against copyright for the service you purchased or complaint against your web site data , your account will be suspended. If there is a serious issue, the account may be terminated.
- 2.7 Adult content
Not allow any Pornographic site, Picture a or any other sexually content. Pornography Ads that feature or promote the following types of sexual content are strongly restricted.
- 2.8 Betting Site
Betting site is not allowed in our company. It's highly restricted from this company and Bangladesh government. If He/She lead any type of betting site, it will be suspended/ terminated at any time from Nixuz limited. It will be no refundable.
- 2.9 Crime
Note: If your account has been suspended, you will see a page stating that your account has been suspended when you try to visit your domain.
As soon as you see the suspended text, you will open a ticket from your client area and they Nixuz limited will tell you why the account has been suspended. Once you know the reason, you will correct your previous mistake and request to be unsuspended
For more details contact with Nixuz limited official number
3. Transfer Policy
- 3.1 Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. For a domain transfer take maximum time 7 days
- 3.2 Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host.
- 3.3 The free transfer service is available for first time. We are always transfer cPanel to cPanel data if it's not possible we can't manual transfer
- 3.4 In no event shall Nixuz limited be held liable for any lost or missing data or files resulting from a transfer to or from Nixuz limited.
- 3.5 For a domain transfer our transfer’s team tries to his/her best effort but need to time maximum 7 days as per international rules (link) 24/7.
You are solely responsible for backing up your data in all circumstances.
- 4. Renew Policy
- A. Domain Renew
- 4.1 When you renew a domain, it adds the renewal period onto the existing time the domain has left. So, the expiration date never changes. If you registered the domain on May 1st but renewed on April 12th ,the domain will renew from the original date of May 1st. You never lose any time, it just adds an extra year
- 4.2 Most domains can be renewed at any time throughout the year, however some foreign or specialty domains (such as .de, .es, and .eu) have different renewal requirements from their respective registries. Any special renewal requirements for these domains are noted in your domain renewal reminder emails which are sent to you starting 4 weeks before the domain's upcoming expiration date.
- 4.3 You can also enable auto-renew in the web panel for most domain extensions.
- 4.4 Anyone can renew a domain within the deletion period up to 20 days after expiration
- 4.5 Nixuz Authority will not be responsible for the domain deleted from the register due to renewal.
- B. Hosting Renew
- 4.6 It will be valid for one year from the day you purchase the hosting. You can renew your service at any time.
- 4.7 Invoice will be automatically generated in your registered email 30 days before the expiration date
- 4.8 You will be notified by mail 30 days before the expiration date to renew
- 4.9 If possible we will be called from Nixuz Limited Account department for renew your package.
- 4.10 You will be notifying by re-mailed 10 days before the expiration date to renew your package.
- 4.11 Hosting packages are suspended from the day after due date. The next seven days are the grace period of your package, in the grace period customer can renew with backup. If it is not renewed within seven days, the package will be terminated and there will be no data backup after termination.
Note: Late fees will be added to any service from three days after the expiration. If you want to renew, you must pay this additional late fee.
- 5. Backup policy
- 5.1 Your use of the Services is at your sole risk. Nixuz backup service runs once a 15 days this service available for who take backup policy and overwrites any of our previous backups. Only 15 days backups are kept at a time
- 5. 2 If you use a more Important / valuable site, you will be backup your site every day at your own responsibility.
- 5. 3 EBN authority will not be responsible for any loss of your files or any single data
- 5. 4 this service is provided only to share hosting accounts.
- 5. 5 Nixuz does not maintain backups of dedicated, VPS, Cloud accounts.Nixuz is not responsible for files and/or data residing on your account.
- 5.6 You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Nixuz servers. EBN
- 6. Free Domain Service
- 6.1 A free domain name will be registered for you with first year free Domain Plan when you will order.
- 6.2 Only one domain will be registered free of charge per account.
- 6.3 Minimum hosting term of 2 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.
- 6.4 The offer applies to only .com
- 6.6 If you migrate your package from any free domain plan you can pay for this domain.
- 6.7 Nobody are downgrade his preasent plan or pacakge. If he/she want to downgrade his plan, this situation he/she not get back any types of refund from Nixuz limited.
- 7. License
Unless otherwise stated, Nixuz limited and/or its licensors own the intellectual property rights for all material on www.nixuz.net. All intellectual property rights are reserved. You may access this from www.nixuz.net for your own personal use subjected to restrictions set in these terms and conditions.
- 7.1 You must not
- 7.2 Republish material from www.nixuz.net
- 7.3 Sell, rent or sub-license material from www.nixuz.net
- 7.4 Reproduce, duplicate or copy material from www.nixuz.net
- 7.5 Redistribute content from www.nixuz.net
- 7.7 Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Nixuz limited does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Nixuz limited, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Nixuz limited shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
- 7.8 Nixuz limited reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
- 7.9 You warrant and represent that:
- 7.10 You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- 7.11 The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- 7.12 The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- 7.13 The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- 7.14 You hereby grant Nixuz limited a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
- 8. Hyper linking to our Content
- 8.1 The following organizations may link to our Website without prior written approval:
- 8.2 Government agencies;
- 8.3 Search engines;
- 8.4 News organizations;
- 8.5 Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- 8.6 System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
- 8.7 These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
- 8.8 We may consider and approve other link requests from the following types of organizations:
- 8.9 Commonly-known consumer and/or business information sources;
- 8.10 Dot.com community sites;
- 8.11 Associations or other groups representing charities;
- 8.12 Online directory distributors;
- 8.13 Internet portals;
- * Accounting, law and consulting firms; and
- 8.15 Educational institutions and trade associations
- 8.16 We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Nixuz limited; and (d) the link is in the context of general resource information.
- 8.17 These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
- 8.18 If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Nixuz limited. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
- 8.18 Approved organizations may hyperlink to our Website as follows:
- 8.19 By use of our corporate name; or
- 8.20 By use of the uniform resource locator being linked to; or
- 8.21 By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
- 8.22 No use of Nixuz limited's logo or other artwork will be allowed for linking absent a trademark license agreement
- 09. INDEMNITY
You agree to protect, defend, indemnify and hold harmless and its, chairmen, officers, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature imposed upon or incurred by Nixuz directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; your violation of any third-party right, including without limitation any intellectual property or other proprietary right.(ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
- 10. Refund Policy
- 10.1 Service(s) must be cancelled before we can issue a refund
- 10.2 If the Service is suspended or terminated due to your misuse or any other government rules violations reason, you can’t claim a refund for that account.
- 10.3 Service must be cancelled before we can issue a refund
- 10.4 If money is refunded for any package then discount or affiliate money will be deducted at the time of purchase of that package.
- 10.5 If any free domain plan money is refunded then the domain price will be deducted.
- 10.6 Your package can be terminated at any time within seven days of the refund ticket. You will not be able to claim any backup after terminated
- 10.7 Any processing fees will be deducted from a refund.
- 10.8 all refunds will be paid in Taka. In that case, EBN will not be responsible for the change in exchange rate.
- 10.9 If the refund money is not refunded by the customer, the money will be added to the EBN account balance and he will be able to purchase / renew any EBN product using this balance.
- 10.10 Additional refund requirements may apply based on specific terms and conditions notified to you when purchasing any Service.
- 10.11 Nobody are downgrade his preasent plan or pacakge. If he/she want to downgrade his plan, this situation he/she not get back any types of refund from Nixuz limited.
- 10.12 A customer purchase his package after then if he/she want to refund request within seven days. Provide hosting related proper reason & if it will be logically, Nixuz must be refund customer money within next seven days.
- 10.13 As per refund policy, service charge TK 200 will be applicable for all refunded customers.
- Non-refundable Services
- 10.14 New domain, Transfers or renewals of domain name registrations
- 10.15 Fees for recovery or reactivation of domain names or any type of extra free
- 10.16 Any fees paid by you to Nixuz for providing non-service related any support.
- 10.17 Dedicated IP Addresses
- 10.18 VPS and Dedicated sever setup fee are not refunded.
- 10.19 VPS, Dedicated and any third party related service not provide any refund
- Refund Requests
If you think you are eligible for a refund, you can submit a ticket You must include the following information in your request:
- 10.20 Why you are asking for a refund.
- 10.21 Transaction identifying information (as like: support pin, transaction number, domain name, date of purchase).
EBN authorities change the rules at any time for company service purpose.
- 11. Law
- 11.1 If you use your hosting to violate any of the respects laws of Bangladesh, you will be solely responsible.
- 11.2 If you try to do any harm to the country and the nation by using your Domain, Hosting or any product of EBN, you will be solely responsible for it.
- 11.3 The EBN Authority may take legal action against you at any time if you attempt to do any harm to the EBN Server by using EBN product or any other product.
- 11.4 If you use your Domain, Hosting or any other product from EBN, you are solely responsible for any Bangladeshi or international violations.
- 11.5 You are solely responsible for any breach of international law by using your hosting any other product
- COMPLIANCE WITH LOCAL LAWS
- If there is a legal complaint against you, the EBN Authority will not be liable in any way.
These Terms and Policies are governed in all respects under Bangladesh laws and International Laws.
- 12. Reservation of Rights
- A. We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
- 13. Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
- 14. Termination
Nixuz may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that:
- 14.1 You fail to pay any fees due hereunder to Nixuz
- 14.2 Your domain account may be terminated if you misbehave without any reason with EBM employees
- 14.3 You will be held responsible for any misuse or misconduct of your domain. For that reason your domain will be terminated
- 14.4 If you violate the terms and conditions of this Agreement
- 14.5 If you use the domain Crime Purpose, your domain will be terminated
- 14.6 If you make use of the adult content site domain it will be terminated if it is outside the Act of Bangladesh
- 14.7 Your domain may be terminated if your activity interferes with Bangladesh Government Act and Bangladesh ICT Act. Or if you contravention any international law.
- Hosting Package
- 14.8 Overdue Payment: There are several reasons why your website could potentially become terminated. However, the most common reason for the terminated is Overdue. Payment time auto generate a mail if you avoid this your site has been suspended after seven day’s it will be auto terminated. After terminations Nixuz authority will not be responsible for any loss of your files or any single data.
- 14.9 Malware: Malware, or malicious software, is any program or file that is harmful to a computer user. Some common types of malware can include computer viruses, worms, Trojan horses, Key loggers, and spyware. These malicious programs can perform various functions such as stealing, encrypting, or deleting sensitive data, altering or hijacking core computing functions, and monitoring users' computer activity without their permission. If found any extreme hurtful Malware it should be terminated. That time’s Nixuz not provides money refund and data backup.
- 14.10 Phishing: Phishing is a method of gathering personal information using deceptive e-mails, websites, and the site content that falsifies legitimacy, taken or adjusted from a legitimate company, to gain sensitive information or personally identifiable information.Nixuz not tolerate any Phishing spam mail. That case Nixuz security team terminated your account without any notice & Nixuz not provides money refund and data backup.
- 14.11 High Uses: The site you use will be suspended when the CPO you use exceeds your allowed limit. If you repeated run your CPU same position that time’s Nixuz authority terminated your account permanently. This time you not claim Nixuz authority for data lost or any other reason.
- 14.12 High bulk mail or spam mail: If you want to send bulk mail from your account or do banned email marketing, your account will be suspended after you repeated same work you not conscious about your bulk mail or spam mail service this time EBN authority terminated your account. Nixuz not provides refund money and any data backup.
- 14.13 Copy right: If claim against copyright for the service you purchased or complaint against your web site data, your account will be suspended. If there is a serious issue, the account may be terminated. Nixuz not provides refund money and any data backup.
- 14.14 Adult content: Adult content Not allow any Pornographic site, Picture a or any other sexually content. Pornography Ads that feature or promote the following types of sexual content are strongly restricted. Your site may be terminated for this.
- 14.15 Betting Site: First off all we are saying that, If you build any Betting Site you can’t choose Nixuz limited. Because Betting Site is highly restricted from Bangladesh Government. If your run your site illegally than your Betting Site will be terminated at any time without any notice. Nixuz not provides refund money and any data backup.
And you will have to pay high penalty if any damage is done to the server due to your bulk mail.
- 15. Corn job
A cron job is a Linux command for scheduling a task (command). cron job allow you to automate certain commands or scripts on your server to complete repetitive tasks automatically.
Note: It is important that you familiarize yourself with how cron job work. You need to have a good knowledge of Linux commands before you can use cron job effectively.
- A. Share Hosting
- 15.1 You may not run a cron job more often than every 2 hours.
- 15.2 You can added maximum 2 corn job in your share hosting
- 15.3 If our specialized team find out extra cron job
- B. VPS and Dedicated Server
- 15.4 You may run a cron job as often as you pleasure.
- 16. Late Payment
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be active until due payment has been received. If you fail to pay the fees as specified herein, Nixuz may suspend or terminate your account and pursue the collection costs incurred by Nixuz, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. Nixuz will not activate new orders or activate new packages for customers who have below balance on their account.
- 17. Disclaimers
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- 17.1 limit or exclude our or your liability for death or personal injury.
- 17.2 limit or exclude our or your liability for fraud or fraudulent misrepresentation.
- 17.3 limit any of our or your liabilities in any way that is not permitted under applicable law; or
- 17.4 exclude any of our or your liabilities that may not be excluded under applicable law.
- 17.5 The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
- 17.6 As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature
- 18. Resource Usage And System Abuse
These Terms of Service (the "Agreement") are an agreement ("Nixuz Ltd", "us", "our", or the “Company”) and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by nixuz.net website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
User can't cross resource limit which is allowcated on his hosting plan. If any user take continus resource more then 30% we will not allow. User's can't sent bulk email . Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of $50 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
- 18.1 Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
- 18.2 Using your hosting as a file or image hosting service.
- 18.3 Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
- 18.4 Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are excempt from this.
- 18.5 Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender's identity or location. This includes the hosting of Proxy Server applications.
- 18.6 Uploading, linking to or storing warez, cracks or other pirated software.
- 18.7 Assisting in or directly distributing copyrighted material.
- 18.8 Excessively using the Service in such a way as to limit the bandwidth available to others.
- 18.9 Providing fake or incomplete contact details, including name, postal address and telephone number.
- 18.10 Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
- 18.11 Using the Service for unauthorised relays through any third party systems.
- 18.12 Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
- 18.13 Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account any deny any future business.
- 18.14 Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
- 18.15 Using the Service to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the addressee(s).
- 18.16 Attempting to cancel, supersede, or otherwise interfere with email other than your own
- 18.17 Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
- 18.18 Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
- 18.19 Using the service to host phishing content.
- 18.20 Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
- 18.21 No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Nixuz may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
- 18.22 Security - You agree not to access or attempt to access private areas of the Service. You agree to notify Nixuz as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
- 18.23 Intellectual Property - Nixuz does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to [email protected]
- 18.24 Continuing a specific identification of the allegedly infringing material and the location(s) on Nixuz facilities where the materials are to be found. Upon receipt of such written notice, Nixuz will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Nixuz receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Nixuz will send you a copy of that notification. Unless you notify Nixuz of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
- 18.25 Liability - You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Nixuz, neither Nixuz nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service.Nixuz neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Nixuz is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Nixuz equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Nixuz and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
- 18.26 You agree that, should you use the Service to send or receive voice communications, Nixuz is not acting as a telecommunications carrier or telephone , that there is no representation made by Nixuz as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Nixuz has no liability of any sort for the failure or lack of quality of such use of the Service.
- 18.27 You agree to be liable for any damages or loss of service which results in damages to Nixuz as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Nixuz may pursue any such claims against you in Court.
- 18.28 You agree that in no event will Nixuz have financial liability to you.
- 18.29 Warranty - Nixuz MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD Nixuz ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Nixuz OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
- 18.30 THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Nixuz ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; Nixuz DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Nixuz DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE. Resource Usage
- 19. Content Liability
we shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.