Terms of Service

WHEREAS, Exodios is an information provider connected to the Internet Exodios offers storage and transfer services over the Internet through access to its Web Server;

WHEREAS, Customer seeks to utilize Exodios’ server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Exodios can make no guarantee that any given reader shall be able to access Exodios’ server at any given time.

Exodios represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

Financial Arrangements

Customer agrees to a one (1) year contract minimum, beginning upon commencement of service.
If the customer wishes to cancel Exodios shared Web Hosting services within ninety (90) days of the initial signup they are able to do so for and reason and have their money promptly refunded.
At the end of the contract term, the contract will automatically renew for the length of the term of the original contract indefinitely until it is cancelled in writing. An account must be cancelled before the next payment is due or else face no refund for the subscription renewal. Domain registrations are not refundable, and the cost of any domain registration that Exodios performed on your behalf will be deduced from the amount refunded.
Violations of Exodios’ Terms of Service or Anti-Spam Policy may, at Exodios’ discretion, result in immediate and permanent disablement without refund.
Disputed charges associated with any Exodios account may, at Exodios’ discretion, may result in immediate and permanent disablement.

Taxes

Exodios shall not be liable for any taxes or other fees to be paid in accordance with or related to purchase made from Customer or Exodios’ server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Material Products

Customer will provide Exodios’ with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of Exodios. Exodios shall make no effort to validate this information for content, correctness or usability.
Use of Exodios’ service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Customer’s Web space by the Customer.
The following examples are offered:
- Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Web space contents, Graphics, text, Sound, imagemapping, etc.
- CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
The Customer agrees that he or she has the necessary knowledge to create Customer’s Web space Customer agrees that it is not the responsibility of Exodios to provide this knowledge or Customer Support outside of the defined service of Exodios.
Exodios will exercise no control whatsoever over the content of the information passing though the network.
Exodios makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Exodios also disclaims any warranty or merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Exodios is at the Customer’s own risk, and Exodios specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Exodios expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
The customer agrees to make use of Exodios servers primarily for the purpose of hosting a website, and associated email functions. Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, proxy scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. Any application that listens for inbound network connections (even if the application would otherwise be allowed) are not permitted. BitTorrent clients, IRC bots and bouncers (BNC) specifically may not be run on any Exodios server. If your processes are adversely affecting server performance disproportionately Exodios reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
Exodios specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Exodios may, at its option and at any time, reject this material, including but not limited to after it has been put on Exodios’ Server. Exodios agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Exodios. If the Customer fails to modify the material, as directed by Exodios, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
All domain names registered through Exodios, that are 'parked' or are otherwise not immediately associated with a Exodios hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via Exodios.com. The Coming Soon web page may be modified at any time by Exodios without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Exodios.

Trademarks and Copyrights

Customer warrants that it has the right to use the applicable trademarks, if any.

Hardware, Equipment, and Software

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Exodios.
Exodios makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Exodios service.

Age

The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.

Internet Etiquette

Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Exodios may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Exodios. All messages transmitted via Exodios should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either Exodios or external computers and Denial Of Service attacks of any kind.
For more information on acceptable practices for bulk email, the use of copyrighted materials, trademarks, and more, please contact contact@exodios.com.

Termination

This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. Exodios will accept termination by electronic mail. Notwithstanding the above, Exodios may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Exodios reserves the right to charge a reinstatement fee.

Limited Liability

Customer expressly agrees that use of Exodios' Server is at Customer's sole risk. Neither Exodios, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Exodios’ Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Exodios service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall Exodios, its offices, agents or any one else involved in creating, producing or distributing Exodios’ Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Exodios service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Exodios’ records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Exodios’ Server service.
Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

Lawful Purpose

Customer may only use Exodios’ Server for lawful purpose. Transmission of any material in violation of any International, National, Federal, Provincial or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on Exodios' Server.
Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Exodios' Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Exodios. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Exodios harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Exodios, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Exodios against Liabilities arising out of;
- any injury to person or property caused by any products sold or otherwise distributed in connection with Exodios’ Server;
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product which Customer sold on Exodios Servers

Contract Revisions

Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements.

Transfer

Customer may not transfer this contract without the written consent of Exodios.

Contract

These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.

Anti-Spam Policy

Spam, the term used for unsolicited emails, instant messaging, or other communication, sent on mass to unsuspecting users, for the purpose of advertising, sabotaging, or data mining, or other invasive actions. This also includes off topic messages on bulletin boards, guestbooks, newsgroups, and chatrooms.

Just like the vast majority of people who use email, we too frown upon spam in its many different forms. As a result, we have implemented in our Terms and Conditions strict policies against spam. Any users found to be the source or catalyst of spam will immediately loose their account and any other services provided by Exodios without refund. We know this is tough, but we are fair, if you have any concerns as to what is and what is not spam, please contact us, and we will be more than glad to outline our policies relating to your situation.

The following policy states in specific terms what we consider acceptable use of mass messaging:

Subscriptions

All receivers of a mass message must specifically opt-into receiving it. This applies to both new subscriptions and the bulk addition of addresses already subscribed by other means. Confirmation of subscriptions is only used via a single message, unless otherwise requested by the user. All mass messaging must contain a URL to the site's privacy policy, a description of the purpose of the mailing list, and the URL that the receiver must visit to confirm subscriptions.
Mass messaging list must contain specific information regarding the subscriber, such as date and time the subscription was confirmed, the IP address of the computer the subscription was confirmed with. Clients of Exodios must be able to present this information upon request. The addresses, aliases, or other personal identifiers for purposes of addressing of the individuals receiving the mass messaging must not be disclosed to others who are receiving the mass messaging.
The nature in which addresses, aliases, or other personal identifiers for purposes of addressing of the individuals receiving the mass messaging, are handled must be outlaid in the site's Privacy Policy. It must be clear how a users personal identifiers for purposes of addressing will be used and in what circumstances will be shared.
Third parties are not permitted obtain personal identifiers for purposes of addressing, for any reason unless authorized by the holder of that identifier.
Lists of personal identifiers for purposes of addressing can not be obtained from third parties unless otherwise permitted by the holder of that personal identifier for purposes of addressing. Should this information be rightfully obtained;
- The third party must have a Privacy Policy stating that such transfers may occur.
- The Privacy Policy is permanently linked to the page in which users initiate the subscription process.
- The Privacy Policy has not changed since individuals receiving mailings have signed up.
- The date, time, IP address, and location of the page in which users initiate the subscription process has been recorded and is available to be presented to Exodios on request.
- Lists containing personal identifiers for purposes of addressing from third parties must have been handled in a fashion similar to Exodios' policies.
- Lists are not permitted to be used in a fashion different than what subscribers were notified of at the time of the confirmation of the subscription.
- All subscriptions must be reconfirmed after any transfers take place BEFORE any new messages are sent.

Mailing Practices

Users of Exodios mail services must not modify header information in any messages so that the origin of the message is obscured or falsified in anyway.
Email addresses that return undeliverable, must be removed from future mailings after no more than 5 bounces.
Clients of Exodios are responsible for the practices of users of Exodios services and program members they received help of, as if they were hiring an outside advertising agency.
Clients using outside advertising agencies or 3rd party mailing programs must abide by the same rules as those using Exodios's own bulk mailing list tools.
All mass messaging must provide clear and simple instructions for opting out of future mailings and all reasonable attempts must be made to aid in the removal of an individual off of a list.
The client is advised and acknowledges that Exodios' electronic mail servers, and web servers are located in California. In no event shall the client use Exodios' mail servers and web servers in violation of California's anti-spam laws including Business & Professions Code sections 17538.4 and 17538.45.

Spamware

It is strictly forbidden to sell or distribute software designed specifically to aid in spamming.

Other

Promotional messages are not to be posted on any electronic medium hosted by Exodios, or using Exodios' equipment for transmission, in which users of the internet can freely place messages, unless the administrator or governing charters authorizes it.

Disablement

Exodios reserves the right to disable any account at any time should there be any reasonable suspicion that it is being used for the purposes of spamming.
Clients must respond to spam related concerns from Exodios within 48 hours. A failure to comply will result in disablement of the user's account.

Reports of Abuse

All reports of abuse of Exodios' services can be reported to abuse@exodios.com

By following these general rules and respecting your visitors, you can excel in the world of online commerce as your reputation soars. If you have any questions at all please do not hesitate to contact us. And remember: if in doubt, it is always safer to contact us!

Privacy Policy

Collected Information

When you sign up for service with Exodios, we collect personal information from you including your name, email address, billing address, security question, payment information and a password.

We may also collect the URL from which you linked into our site, your IP address, and your browser type and version, all of which are collected in an anonymous manner without being linked to any of your personal information.

Use of Customer Information

Customer privacy is something we take very seriously at Exodios. We do not, and have never, sold or disseminated (except in cases were required to do by law enforcement agencies) the personal information of our customers to any parties outside of Exodios, or its parent company, Brownell Networks. We use customer information for the purposes of creating and maintaining individual customers accounts, contacting customers in case of a problem with their account, sending personal information, for statistical purposes, to administer our systems, to conduct surveys, to administer drawings or contests, and to provide technical support. All of our development is done in-house, and hence no contracted parties will ever have access to individual customer information.

Please note that the contact information that you provide us is used to register your domain name and is, by the very nature of the domain registration system, available for public viewing in many places on the internet via the use of the 'whois' tool.

Third Party Policy

We will never sell, distribute, or otherwise release client information outside of the Brownell Networks group of services. We also strongly discourage clients from doing the same. Exodios and Brownell Networks also does not, and never will, purchase contact information from third parties.

Bulk Mail

All bulk mailings from Exodios and Brownell Networks have an option to opt-out on. We will never refuse requests to be removed from mailing lists.