REX Hosting Solutions

TERMS OF SERVICE (TOS)

Rex Internet Solutions ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Rex Internet Solutions Service constitutes acceptance and agreement to Rex Internet Solutions' AUP as well as Rex Internet Solutions' TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Rex Internet Solutions.net and AUP (Acceptable Use Policy). The AUP 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 or non-payment.

1. 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 Rex Internet Solutions shall have the right to terminate all service set forth in this Agreement.

2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the pecified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. 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.

4. 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.

5. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Rex Internet Solutions.net on behalf of the account holder a handling fee will be incurred.

6. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Rex Internet Solutions.net will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Rex Internet Solutions.net on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

7. SPAM and Unsolicited Commercial Email (UCE): Rex Internet Solutions takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Rex Internet Solutions may not use or permit others to use our network to transact in UCE. Customers of Rex Internet Solutions may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

a. Violation of Rex Internet Solutions' SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Rex Internet Solutions will initiate an immediate investigation (within 48 hours of notification). During the investigation, Rex Internet Solutions may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Rex Internet Solutions may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Rex Solutions reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Rex Internet Solutions will notify law enforcement officials if the violation is believed to be a criminal offense.

b. As our Customers are ultimately responsible for the actions of their clients over the Rex Internet Solutions network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:
Anyone hosting websites or services that support spammers or cause any of our IP space to be listed in any of
the various Spam Databases will have their server immediately removed from our network. The server will not
be reconnected until such time that you agree to remove ANY and ALL traces of the offending material
immediately upon reconnection and agree to allow us access to the server to confirm that all material has been
COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from
our network without notice to the customer. Any server guilty of a second violation WILL be immediately and
permanently removed from our network without notice.

8. Network

a. 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 (the "Agreed Usage"). Rex Solutions will monitor Customer's bandwidth and disk usage. Rex Internet Solutions 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 Rex Internet Solutions' sole and absolute discretion. If Rex Internet Solutions 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. In the event that a customer exceeds the included allocation, Rex Internet Solutions may, at its sole discretion, collect a deposit, in an amount determined by Rex Internet Solutions, against customer's credit card on file with Rex Internet Solutions.

b. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Rex Internet Solutions Network. Violations of system or network security may result in civil or criminal liability. Rex Internet Solutions 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 include, without limitation:

i. 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 newsgroup posting.

v. Taking any action in order to obtain services to which such User is not entitled.

9. Suspension of Service or Cancellation: Rex Internet Solutions reserves the right to suspend network access to any customer if in the judgment of the Rex Internet Solutions 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 Rex Internet Solutions 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.

10. Rex Internet Solutions reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Rex Internet Solutions must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

11. Indemnification: Rex Internet Solutions wishes to emphasize that in agreeing to the Rex Internet Solutions Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Rex Internet Solutions for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Rex Internet Solutions or the bringing of any claim against Rex Internet Solutions by any third-party. This means that if Rex Internet Solutions is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Rex Internet Solutions, plus all costs and attorney's fees.

12. 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.

a. 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.

b. 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.

c . Rex Internet Solutions takes no responsibility for any material input by others and not posted to the Rex Internet Solutions Network by Rex Internet Solutions. Rex Internet Solutions is not responsible for the content of any other websites linked to the Rex Internet Solutions Network; links are provided as Internet navigation tools only. Rex Internet Solutions 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.

d. Rex Internet Solutions is not responsible for any damages your business may suffer. Rex Internet Solutions does not make implied or written warranties for any of our services. Rex Internet Solutions 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 Rex Internet Solutions.

e. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

13. Responsibility for Content: You, as Rex Internet Solutions' customer, are solely responsible for the content stored on and served by your Rex Internet Solutions server.

14. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.