Terms of Service (TOS)
This policy represents the Cubiex.com Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting services with Cubiex.com. Cubiex.com reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notice to customers.
Customers may view the most current version of this policy at: http://www.cubiex.com/tos.html
Customers using any services offered by Cubiex.com consent to be bound by and must comply with all policies in this TOS. At the sole discretion of Cubiex.com, any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Cubiex.com maintaining one or more accounts (each "Account"), you agree to the following terms of service.
- "We" "Us" or "Provider" or "Cubiex.com"
- "You" "Your" "Client" "Customer" or "Member."
Each person or entity that applies for internet service or is a designate of any one who applies for internet service.
Disclaimer of Warranty
The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. However, Cubiex.com offers a 99.5% server uptime guarantee. This is valid for only for the condition of operable hardware. The network connection is not covered. Cubiex.com will pursue all resources and channels available to maintain maximum uptime; however, Cubiex.com is not responsible for any down time caused by client's error.
CUBIEX.COM MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND FOR THE SERVICES BEING OFFERED. THE SERVICE IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No advice or information given by Cubiex.com or its agents or employees shall create a warranty. Cubiex.com provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Cubiex.com be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Cubiex.com service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Cubiex.com's servers that such information becomes available to all Internet users and that Cubiex.com has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Cubiex.com's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Cubiex.com or on the Internet generally.
Your use of the service is at your sole risk. Cubiex.com is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Cubiex.com servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Cubiex.com, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Cubiex.com policy decisions.
Cubiex.com reserves the right to monitor any and all communications through or with our facilities.
You agree to indemnify, defend, and hold harmless Cubiex.com from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Cubiex.com, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Services provided by Cubiex.com
Cubiex.com will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Cubiex.com members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Cubiex.com members will use the provided services in a manner consistent with any and all applicable laws of the State of Selangor, Malaysia Federal Law, State of Oklahoma and United States Federal Law. Cubiex.com provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. If any of the below activities are committed, Cubiex.com can terminate client's account without notification.
Cubiex.com reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion and without notice. Cubiex.com also reserves the right to make any such modifications in an emergency at our sole discretion.
- Client Content: Client agrees that web pages and files uploaded to servers will not violate any province, federal or foreign laws or regulations; infringe on any intellectual property rights of Cubiex.com or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Cubiex.com or any third party. Customers may not run IRC, bots or clients. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child porn or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks and software serial numbers. Any site with adult-oriented content, including but not limited to any pornographic material, is not allowed on our shared and reseller hosting platform. Cubiex.com will be the sole and final arbiter as to what constitutes a violation of this policy. Cubiex.com does not normally monitor the contents of clients servers, however if suspicion occurs, Cubiex.com reserves the right to investigate and terminate the clients subscription to the service.
- Bandwidth Usage: Cubiex.com offers a generous amount of data transfer per month. Bandwidth is calculated on a recurring 30 days. Sites that use over the given limit in 30 days will automatically be suspended until the cycle is reset. You can request that your site be allowed to go over your bandwidth limit, however, a RM 10.00/per GB overage charge will be applied to your account. You can upgrade your plan within seven (7) days of the end of the month to avoid bandwidth overages.
- Excessive Resource Usage Policy: *Applies to shared and reseller accounts. Resources are defined as CPU and/or RAM utilization. A website is considered using "excessive amounts of resources" when it monopolizes the system resources available, using an average of 8% or more, within a 24-hour period. There are numerous issues that could cause such problems, this includes: cgi scripts, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" will be asked to upgrade his/her package to one of our virtual private servers or dedicated server offerings or to seek alternative hosting arrangements. Cubiex.com will be the sole and final arbiter as to what constitutes a violation of this policy.
- Upstream AUP Violation: Accounts that house insecure scripts which result in an upstream AUP violation will be charged a one-time fee of RM 50 for cleanup and reactivation. If your account causes a second upstream AUP violation as a result of the same script, your account will then be subject to termination at the sole discretion of Cubiex.com.
- No "Spam": UCE/UBE or "Spam" originating from a server located on our network or associated with a Cubiex.com server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the Cubiex.com network but is sent from an e-mail address not associated with that Cubiex.com account. Client shall not use their Cubiex.com services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Cubiex.com reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a RM 2,500 clean up fee if an account was suspended for a violation relating to our SPAM policy.
- False Information: You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Cubiex.com with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card or PayPal account that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card or PayPal use and prosecute if wrong doing is found.
- Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
- Sharing of account space & resale restrictions: You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account.
- Abusive behavior against staff: We believe in professional communication, no matter what the issue is. We will not tolerate any abusive behavior, abusive language or threats against any Cubiex.com staff member(s). By violating this policy, we reserve the right to suspend or permanently terminate your account(s) without prior notice and without any refund.
- Back-Up Files: We perform routine daily backups of all users' data. Cubiex.com is not responsible for any user's data and all users are encouraged to perform their own daily backups. If a user is responsible for data loss, Cubiex.com may charge a one-time RM 50 data restoration fee, per incident, that requires a restore of backup to the user's account.
Payment, Renewal, Cancellations
- Payment Obligations: Full payment is required in advance before hosting service is established. Cubiex.com sends out invoices that are due every pay period. You are given seven (7) days to fully pay the invoice. If you have a credit card on file, your credit card will automatically be charged each renewal period unless cancelled. You warrant and represent that the information you supply in the Order Form (or other information that Cubiex.com may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. To have your account re-established, you will need to pay the monthly fees, plus a RM 200 re-connect fee. There is a RM 200 fee for bounced checks and a RM 250 processing fee for illegitimate charge backs. Users who partake in the free domain registration promotional offer and cancel services within 1 year of their signup date are required to pay Cubiex.com RM 40 for the domain registration fee. Additionally, users who partake in the free SSL certificate promotional offer and cancel services within 1 year of their signup are required to pay Cubiex RM 130 for the SSL certificate fee.
- Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Cubiex.com seven (7) days before the renewal date that you do not wish to renew such account.
- Cancellation & Refunds: In the event you cancel your service, you will be charged in full for the entire month in which you canceled your service. No refunds will be granted beyond the initial 30-day money back guarantee. Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance will be terminated, including domain registrations. A RM 150 collections fee will be added to any accounts passed on to our third party collection agency. There is a RM 250 administrative fee for any illegitimate charge backs placed against us. Any illegitimate charge backs or threatened illegitimate charge backs are grounds for immediate account cancellation. Due to the time involved in provisioning VPS orders and the licensing costs involved, all VPS orders are subject to a RM 110 non-refundable fee upon cancellation. Payments made for setup fees, control panel licensing, dedicated server purchases, domain registrations or account upgrades are non refundable. Cancellations must be received at least seven (7) days prior to your renewal date. A cancellation request must be submitted through the account management site at https://www.cubiex.com/members OR a cancellation email, which includes your domain name, username and password, must be received by our Billing Department at firstname.lastname@example.org.
99.5% Server Service Level Agreement "SLA", all accounts
Cubiex.com offers its clients a 99.5% server uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Cubiex.com will try to maintain maximum uptime. Cubiex.com is not responsible for any downtime caused by the client.
In the rare event that Cubiex.com does not achieve our advertised 99.5% (monthly) for any given month, we will begin refunding 5% of your monthly bill for each half hour of downtime past 99.5%.
Scheduled server maintenance downtime is not covered by the SLA. To redeem SLA credit you must contact us in writing within 10 days of the end of the month, send any SLA correspondence to email@example.com. If you have an uptime monitoring report from a third party monitoring site, please include it with your e-mail. If you do not have a report, we will utilize our own third party monitoring reports to determine credit eligibility.
30-day Money Back Guarantee
Cubiex offers an unconditional 30-day money back guarantee that covers cancellation of a web hosting account made during the first 30 days of service for first time customers, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card or PayPal account minus any fees which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, or abuse. Dedicated Servers, SSL Certificates, Domain names and Account Upgrades & Add-ons are also non-refundable. Due to the time involved in provisioning VPS orders and the licensing costs involved, all VPS orders are subject to a RM 110 non-refundable fee upon cancellation. Any questions regarding the 30-day money back guarantee should be forwarded to firstname.lastname@example.org. In order to further prevent abuse of this guarantee, only first time subsribers qualify for a refund under this policy. If a subscriber signs up, cancels and then signs up again, they will not be covered under the money back guarantee.
Last Updated: August 18, 2008