Terms and Conditions
Welcome to CalyxHost. By accessing or using our web hosting services, you agree to be bound by these Terms and Conditions. Please read these Terms carefully.
1. Account Terms
1.1. Eligibility
You must be 18 years or older to register for our services.
1.2. Account Responsibility
You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.
1.3. Accurate Information
You agree to provide accurate and complete information during registration and to keep this information updated.
1.4. Content Responsibility
You are responsible for all content uploaded, stored, or displayed under your account.
2. Service Usage
2.1. Service Availability
Our services are provided on an “as is” and “as available” basis. We do not guarantee uninterrupted or error-free service.
2.2. Lawful Use
You agree to use our services only for lawful purposes and in accordance with our Acceptable Use Policy (AUP), which is incorporated by reference into these Terms and Conditions. You can access the AUP here.
2.3. Prohibited Activities
You are prohibited from using our services to engage in any of the following activities:
- Any illegal activity, including but not limited to, the transmission or storage of illegal content.
- Sending unsolicited emails (spam) or engaging in other forms of abusive email practices.
- Unauthorized access to or use of computer systems or networks (hacking).
- Distribution of malware, viruses, worms, or other harmful software.
- Any activity that disrupts or interferes with the operation of our services or the networks connected to our services.
2.4. Account Suspension/Termination
We reserve the right to suspend or terminate your account, without prior notice, if you violate these Terms and Conditions or our AUP.
3. Payment and Billing
3.1. Payment Obligations
You agree to pay all fees for the services you purchase from CalyxHost. All fees are due and payable in accordance with the pricing and payment terms presented to you at the time of purchase.
3.2. Billing Cycle
Fees for our services are billed in advance on a [monthly/annual] basis. Your billing cycle begins on the date you sign up for our services and continues until you cancel your account.
3.3. Payment Methods
You agree to provide a valid payment method (e.g., credit card, debit card, PayPal) and authorize CalyxHost to charge your payment method for all applicable fees. You are responsible for ensuring that your payment information is accurate and up-to-date.
3.4. Fee Changes
CalyxHost reserves the right to change our fees at any time. We will provide you with at least [number] days’ notice of any changes to our fees. Your continued use of our services after the fee change constitutes your acceptance of the new fees.
3.5. Late Payments
If any payment is overdue, CalyxHost may suspend or terminate your access to our services. You will be responsible for any costs incurred by CalyxHost in connection with collecting overdue payments.
3.6. Refunds
Our refund policy is outlined separately and can be accessed here. Please review our refund policy before making a purchase.
4. Intellectual Property
4.1. Your Content
You retain all rights, title, and interest in and to your content that you upload, store, or display on our services.
4.2. License to Host
By using our services, you grant CalyxHost a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify, and display your content solely for the purpose of providing you with our services.
4.3. Copyright Infringement
You agree not to upload, store, or display any content that infringes on the intellectual property rights of others, including copyrights, trademarks, patents, or trade secrets. CalyxHost respects the intellectual property rights of others and will respond to notices of alleged copyright infringement in accordance with applicable law.
5. Limitation of Liability
5.1. Disclaimer of Consequential Damages
To the maximum extent permitted by applicable law, in no event shall CalyxHost be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the service.
- Any unauthorized access to or use of our servers and/or any and all personal information stored therein.
- Any interruption or cessation of transmission to or from the service.
- Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party.
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the service.
- The defamatory, offensive, or illegal conduct of any third party.
5.2. Limitation of Aggregate Liability
In no event shall CalyxHost’s aggregate liability for all claims arising out of or relating to these Terms or your use of our services exceed the amount paid by you to CalyxHost for the hosting services during the [number] months immediately preceding the event giving rise to such liability.
5.3. Force Majeure
CalyxHost shall not be liable for any failure or delay in performance of its obligations under these Terms resulting from any cause beyond its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, fire, flood, or other natural disaster.
6. Termination
6.1. Your Right to Terminate
You may terminate your account with CalyxHost at any time by providing us with [number] days’ prior written notice. You are responsible for any fees incurred prior to the termination date.
6.2. Our Right to Terminate
CalyxHost may terminate your account and these Terms and Conditions at any time, with or without cause, upon [number] days’ prior written notice to you. However, CalyxHost may terminate your account immediately and without prior notice if you breach these Terms and Conditions or our AUP, or if your use of our services poses a security risk or otherwise jeopardizes the integrity of our systems.
6.3. Effects of Termination
Upon termination of your account, your right to access and use our services will immediately cease. CalyxHost may delete your data from our servers within a reasonable time after termination. You are responsible for backing up your data before termination.
7. Disclaimer of Warranties
7.1. “As Is” and “As Available”
The service is provided on an “as is” and “as available” basis. CalyxHost makes no warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
7.2. No Guarantees
CalyxHost does not warrant that:
- The service will meet your requirements.
- The service will be uninterrupted, timely, secure, or error-free.
- The results that may be obtained from the use of the service will be accurate or reliable.
- The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
- Any errors in the software will be corrected.
8. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
9. Changes to Terms
9.1. Right to Modify
CalyxHost reserves the right to modify or replace these Terms and Conditions at any time. If a revision is material, we will provide at least [number] days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
9.2. Acceptance of Changes
By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our service.
10. Contact Information
If you have any questions about these Terms and Conditions, please contact us at legal@calyxhost.com.
*This is a sample Terms and Conditions document. It is essential to consult with a legal professional to ensure it meets your specific needs and complies with all applicable laws and regulations.*