Terms of Service

Last updated: April 4, 2026

1. Introduction

These Terms of Service ("Agreement" or "TOS") constitute a legally binding agreement between you ("Customer," "you," or "your") and ASPnix, LLC ("ASPnix," "Company," "we," "us," or "our"), a Colorado limited liability company with its principal place of business at 1550 Larimer St #513, Denver, CO 80202.

This Agreement governs your use of all services, products, websites, and resources provided by ASPnix, including but not limited to shared hosting, reseller hosting, virtual private servers (VPS), dedicated servers, email hosting, domain registration, SSL certificates, software products, and related support services (collectively, the "Services").

By accessing, purchasing, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety. If you do not agree with any portion of these terms, you must not use our Services.

ASPnix reserves the right to modify, amend, or update this Agreement at any time and for any reason. Changes become effective upon posting to our website. Your continued use of the Services after any such modification constitutes your acceptance of the revised terms. It is your responsibility to review this Agreement periodically for updates.

This Agreement supersedes all prior agreements, representations, and understandings between you and ASPnix regarding the Services. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

2. Compliance with the Law

You agree that you shall not use the Services to post, transmit, distribute, store, or otherwise make available any material or information that violates any applicable local, state, national, or international law, statute, regulation, or ordinance. This includes, without limitation, laws governing intellectual property, privacy, consumer protection, export controls, data protection, and electronic communications.

You are solely responsible for ensuring that your use of the Services and all content hosted, transmitted, or made accessible through your account complies with all applicable laws and regulations in every jurisdiction in which such content is accessible.

You agree to indemnify, defend, and hold harmless ASPnix, its officers, directors, employees, agents, affiliates, and partners from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of any applicable law or regulation in connection with your use of the Services.

ASPnix reserves the right to cooperate with legal authorities and third parties in the investigation of any alleged wrongdoing, including the disclosure of information necessary to identify, locate, or bring legal action against individuals who may be violating this Agreement or applicable laws.

3. Prohibited Uses

3.1 General

The following activities, content types, and uses are strictly prohibited on all ASPnix Services. This list is not exhaustive; ASPnix reserves the right to determine, in its sole discretion, what constitutes a violation of this section. Any violation may result in immediate suspension or termination of your account without notice or refund.

• Adult and Pornographic Content: Hosting, distributing, or linking to pornographic, sexually explicit, or adult content of any kind on shared or reseller hosting accounts. Customers requiring such content must use a dedicated server or VPS and must comply with all applicable laws, including 18 U.S.C. § 2257 record-keeping requirements.
• Fraudulent Activity: Engaging in, promoting, facilitating, or providing instructions for any fraudulent, deceptive, or misleading activity, including but not limited to phishing, identity theft, financial fraud, credit card fraud, or wire fraud.
• IRC (Internet Relay Chat): Running IRC servers, IRC bots, or IRC-related software on shared or reseller hosting accounts. IRC services may only be operated on dedicated servers or VPS with prior written authorization from ASPnix.
• Copyrighted Material: Hosting, distributing, or linking to copyrighted material without the express written permission of the copyright holder. This includes but is not limited to pirated software, music, movies, television shows, e-books, games, and any other copyrighted works. ASPnix complies with the Digital Millennium Copyright Act (DMCA) and will respond to valid takedown requests.
• Scanning Software and Vulnerability Tools: Running or installing network scanning software, port scanners, vulnerability scanners, packet sniffers, or any similar tools designed to discover, probe, or exploit security vulnerabilities on any network or system, whether owned by ASPnix or by third parties.
• Exploits, Hacking Tools, and Cracks: Hosting, distributing, or providing access to software exploits, hacking tools, password crackers, key generators, serial number generators, or any software designed to circumvent security measures, digital rights management, or software licensing.
• Mirroring and Unauthorized Redistribution: Using ASPnix Services to mirror websites, repositories, or file archives without express authorization, or to redistribute content that you do not own or have the right to distribute.
• File Sharing and Cloud Storage Abuse: Using shared or reseller hosting accounts as a file sharing service, cloud storage service, file dump, or public file repository. Accounts may not be used primarily for the storage and distribution of files rather than for serving web content. Cloud storage applications (such as ownCloud, Nextcloud, Seafile, or similar) are prohibited on shared and reseller hosting accounts.
• Web Spiders, Scrapers, and Automated Collection: Running web spiders, scrapers, crawlers, or automated data collection tools that generate excessive server load, consume disproportionate system resources, or interfere with the normal operation of the Services or third-party servers.
• RBL/DNSBL Listings: Engaging in any activity that results in any ASPnix IP address, domain, or server being listed on a Real-time Blackhole List (RBL), DNS-based Blackhole List (DNSBL), or similar anti-abuse database. If your account activity causes such a listing, ASPnix may suspend your account immediately and you may be held responsible for any associated costs of remediation.
• Viruses, Malware, and Malicious Code: Hosting, distributing, uploading, or making available any viruses, trojans, worms, ransomware, spyware, adware, rootkits, or any other malicious code or software.
• Proxy Scripts and Anonymization Services: Running proxy scripts, open proxies, VPN services, anonymization tools, or any similar software designed to obscure the origin of network traffic, unless specifically authorized by ASPnix in writing on a dedicated server or VPS.
• SMS Relay and Telephony Abuse: Using the Services to operate unauthorized SMS gateways, SMS relay services, auto-dialers, or any application that sends unsolicited text messages or initiates unsolicited telephone calls.
• Ponzi Schemes and Multi-Level Marketing Fraud: Hosting or promoting Ponzi schemes, pyramid schemes, fraudulent multi-level marketing programs, "get rich quick" schemes, or any other deceptive financial programs.
• Unauthorized Pharmaceutical Sales: Hosting websites that sell or promote pharmaceutical products, controlled substances, or prescription medications without proper licensing and legal authorization in all applicable jurisdictions.
• Hateful and Racist Content: Hosting content that promotes hatred, violence, discrimination, or harassment against any individual or group based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic.
• Hacking and Unauthorized Access: Attempting to gain unauthorized access to any system, network, server, or account, whether owned by ASPnix or by third parties. This includes attempting to probe, scan, or test the vulnerability of any system or network.
• Spam and Unsolicited Communications: Sending, facilitating, or promoting unsolicited bulk email (spam), unsolicited commercial email (UCE), or any form of unsolicited electronic communication. See Section 3.4 for detailed email provisions.
• Cryptocurrency Miners: Running Bitcoin miners, cryptocurrency miners, blockchain nodes, or any similar computational processes on any ASPnix hosting account, server, or service. This prohibition applies to all forms of cryptocurrency mining, including but not limited to CPU mining, GPU mining, and browser-based mining scripts.
• Keep-Alive and Resource-Wasting Scripts: Running keep-alive scripts, cron jobs, or automated processes whose primary purpose is to prevent account inactivity timeouts, maintain idle connections, or otherwise consume system resources without legitimate purpose.
• Non-Delivery Report (NDR) Abuse: Configuring email accounts or scripts in a manner that generates excessive non-delivery reports, bounce messages, or backscatter, whether intentionally or through negligent configuration.
• Chargebacks and Payment Disputes: Filing chargebacks or payment disputes without first contacting ASPnix to resolve the issue through our billing department. Fraudulent chargebacks will result in immediate account termination and may be reported to fraud databases.
• Harassment: Using the Services to harass, threaten, stalk, defame, or intimidate any individual, business, or organization.
• CCTV and Surveillance Streaming: Using shared or reseller hosting accounts to store, stream, or relay CCTV footage, surveillance camera feeds, or continuous video streams. Such applications require a dedicated server or VPS.
• Backup Storage Abuse: Backups must not be stored on the hosting server itself as the sole copy. Customers are responsible for maintaining their own off-site backups. Hosting accounts are not to be used as a backup repository.
• Server as Personal Backup: Using any ASPnix server or hosting account as a personal backup or archival storage service. All hosted content must be related to active, publicly accessible websites or web applications.
• Unattended Processes and Daemons: Running unattended background processes, daemons, or persistent services on shared or reseller hosting accounts without prior written authorization from ASPnix. This includes but is not limited to chat bots, game servers, media transcoders, and long-running worker processes.
• Cron Job Frequency: On shared and reseller hosting accounts, cron jobs may not be scheduled to run more frequently than once every five (5) minutes. Cron jobs that consume excessive system resources may be disabled without notice.
• External Network Connections: Establishing outbound network connections from shared or reseller hosting accounts to external servers, APIs, or services without ASPnix's consent, except for standard web application functionality (such as payment processing, email delivery, or API integrations that are part of the hosted web application's core functionality). ASPnix reserves the right to restrict any external connections that adversely affect server performance.
• Linking Non-Owned Material: Linking to, embedding, or hotlinking content (including images, videos, audio, documents, or software) that you do not own or do not have explicit permission to use from the rights holder.
• Load Balancing Abuse: Using the Services to distribute or offload processing, storage, or bandwidth across multiple accounts or servers in a manner designed to circumvent resource limits, exceed allocated resources, or exploit pricing structures.
• Large Media Storage: Storing excessively large media collections (audio files, video files, image archives, or software archives) on shared or reseller hosting accounts where such storage is not directly related to the active web content being served.
• Multimedia Streaming: Operating multimedia streaming services (including audio streaming, video streaming, live broadcasting, or on-demand media delivery) on shared or reseller hosting accounts. Such services require a dedicated server or VPS.
• Monitoring Other Servers: Using ASPnix Services to monitor, ping, port-check, or otherwise surveil servers, networks, or services not owned by you, unless such monitoring is a legitimate, authorized part of your business operations and does not violate any applicable law.
• Exceeding Package Limits: Exceeding the resource allocations specified in your hosting package, including but not limited to disk space, bandwidth, CPU usage, memory usage, number of domains, email accounts, databases, or any other metric defined in your service plan. ASPnix reserves the right to suspend accounts that consistently exceed their allocated resources.

3.2 System and Network

The following system and network activities are strictly prohibited:

• Malicious Programs: Uploading, installing, running, or distributing any program, script, or code that is designed to or has the effect of disrupting, damaging, or interfering with the operation of any server, network, or other infrastructure, including but not limited to viruses, worms, trojans, logic bombs, and fork bombs.
• Security Breaches: Attempting to breach or circumvent the security of any system, network, or server, including but not limited to accessing data not intended for your account, logging into an account you are not authorized to access, or probing the security of any system or network.
• Network Monitoring: Engaging in unauthorized network monitoring, including but not limited to packet sniffing, traffic analysis, or interception of data not intended for your account.
• Circumventing Authentication: Attempting to circumvent, bypass, or defeat any authentication, authorization, or access control mechanism on any ASPnix system or any third-party system.
• Denial of Service: Initiating, participating in, or facilitating any denial-of-service (DoS) or distributed denial-of-service (DDoS) attack against any target, whether or not the target is an ASPnix system.
• Interfering with Sessions: Interfering with or disrupting the sessions of other users, including but not limited to session hijacking, connection flooding, or any activity that degrades the service quality experienced by other customers.
• FTP Abuse: Using FTP or SFTP services in a manner that generates excessive connections, consumes disproportionate bandwidth, or is used for unauthorized file distribution.
• Circumventing Monitoring: Attempting to circumvent, disable, or interfere with any monitoring, logging, auditing, or security systems deployed by ASPnix on its infrastructure.
• Restoring Suspended Services: Attempting to restore, reactivate, or access services or data on an account that has been suspended or terminated by ASPnix without prior written authorization from ASPnix.
• Actions Reflecting Poorly on ASPnix: Engaging in any activity that, in ASPnix's sole and reasonable judgment, negatively reflects on or damages the reputation, goodwill, or business interests of ASPnix or its affiliates.

3.3 Billing

The following billing-related activities are prohibited:

• False Information: Providing false, inaccurate, incomplete, or misleading personal, billing, or contact information when signing up for or using the Services. All account information must be truthful and current at all times. ASPnix reserves the right to verify any information provided and to suspend accounts where information is found to be false or fraudulent.
• Circumventing Billing: Attempting to circumvent, manipulate, or exploit ASPnix's billing systems, pricing structures, promotional offers, or discount codes in any unauthorized manner, including creating multiple accounts to take advantage of new-customer offers.
• Promotional Pricing: Promotional, introductory, or discounted pricing is offered at ASPnix's discretion. If your account is past due or if payment fails and your service is interrupted, ASPnix reserves the right to remove any recurring promotional discount and revert your account to the then-current standard pricing upon reactivation.
• Fraud Screening: ASPnix reserves the right to screen new and existing accounts using fraud detection services, including but not limited to FraudRecord and similar databases. Orders that are flagged as potentially fraudulent may be declined, held for additional verification, or cancelled without notice.
• Free Hosting Accounts: Free Linux hosting accounts (where offered) are subject to additional restrictions as determined by ASPnix, including but not limited to limitations on disk space, bandwidth, features, and support. Free hosting accounts are provided without warranty and may be modified or discontinued at any time.
• Inactive Account Termination: Free hosting accounts that remain inactive (no logins to the control panel or billing system) for a period of thirty (30) consecutive days may be automatically terminated without notice. It is the customer's responsibility to maintain activity on free accounts to prevent automatic termination.

3.4 Email

ASPnix maintains a strict zero-tolerance policy regarding unsolicited email. The following email-related activities are prohibited:

• Unsolicited Commercial Email (UCE) and Spam: Sending, relaying, or facilitating the transmission of unsolicited commercial email (UCE) or unsolicited bulk email (UBE), commonly known as spam, from or through any ASPnix service, network, or system. This prohibition applies regardless of whether the email is sent directly from an ASPnix server or from a third-party server that references, promotes, or links to content hosted on ASPnix. All recipients of commercial email must have explicitly opted in to receive such communications. You must maintain verifiable proof of opt-in consent for all recipients and provide such proof to ASPnix promptly upon request. All commercial email must include a clear and functional unsubscribe mechanism, and unsubscribe requests must be honored within ten (10) business days. All commercial email must comply with the CAN-SPAM Act, GDPR, and any other applicable anti-spam legislation.
• Harassment via Email: Sending email messages that harass, threaten, intimidate, defame, or abuse any individual or entity, whether directly or indirectly.
• Forged Headers and Spoofing: Sending email with forged, falsified, or misleading header information, including but not limited to forged sender addresses, forged "From" or "Reply-To" fields, or misleading subject lines. All email must accurately identify the sender and the originating system.
• Chain Letters: Sending or facilitating chain letters, "make money fast" schemes, or any email that solicits the recipient to forward the message to multiple other recipients.
• Unsolicited Solicitations: Sending unsolicited email promoting or advertising products, services, websites, or organizations to recipients who have not explicitly consented to receive such communications from you.

Violation of this email policy may result in immediate suspension or termination of all associated Services without notice or refund. ASPnix may also report violations to relevant authorities, blacklist operators, and anti-spam organizations.

3.5 Customer Support

ASPnix is committed to providing professional and responsive customer support. We expect the same professional courtesy in return. The following provisions apply to all customer support interactions:

• Professional Conduct: All interactions with ASPnix staff, whether via support tickets, live chat, telephone, email, or any other communication channel, must be conducted in a professional and respectful manner. Verbal abuse, threats, harassment, profanity, discriminatory language, or any other form of abusive behavior directed at ASPnix staff will not be tolerated and may result in immediate termination of your account and all associated Services without notice or refund.
• Priority Support: Priority Support and Premium Support services, where offered, are subject to their own specific terms and conditions as published on the ASPnix website. Priority Support is available only to customers who have purchased a qualifying Priority Support plan. ASPnix reserves the right to modify the scope, availability, response times, and pricing of Priority Support services at any time. Priority Support does not guarantee resolution of all issues and is subject to the limitations described in the applicable service description.

4. Bandwidth and Utilization

ASPnix provides generous data transfer allocations with its hosting packages. However, all accounts are subject to the following bandwidth and resource utilization policies:

• Review and Limitation: ASPnix reserves the right to review your bandwidth usage and resource consumption at any time. If your usage is determined to be excessive, abusive, or detrimental to the performance of shared infrastructure, ASPnix may limit, throttle, or suspend your account after providing reasonable notice where possible.
• Excess Bandwidth Charges: If your account exceeds its allocated bandwidth, ASPnix may charge overage fees at the then-current rate, throttle your account's bandwidth, or suspend the account until the next billing cycle. You will be notified if overage charges apply.
• No File Hosting Abuse: Hosting accounts may not be used primarily for file distribution, file hosting, or as a content delivery network substitute. All bandwidth usage must be related to legitimate web hosting activities.
• No Music or Media Distribution: Using ASPnix hosting accounts for the distribution of large media files, music libraries, video archives, or software repositories is prohibited on shared and reseller hosting plans.
• System Resource Limits: On shared and reseller hosting accounts, no single account may consume more than twenty percent (20%) of any shared system resource, including but not limited to CPU time, memory, I/O throughput, and concurrent connections, for a sustained period. ASPnix monitors resource usage and may take corrective action on accounts that exceed this threshold.
• Resource Spike Duration: Temporary resource usage spikes are tolerated, but no single account may cause sustained elevated resource consumption for more than one (1) hour. If your application requires sustained high resource usage, you must upgrade to a VPS or dedicated server plan.

5. Account Terms and Termination

5.1 Money-Back Guarantee

ASPnix offers the following money-back guarantee periods for qualifying new hosting services:

• Shared and Reseller Hosting: Thirty (30) day money-back guarantee from the date of initial purchase.
• Virtual Private Servers (VPS): Seven (7) day money-back guarantee from the date of initial provisioning.
• Dedicated Servers: Five (5) day money-back guarantee from the date of initial provisioning.

The money-back guarantee applies only to the base hosting fees for the initial term and does not apply to setup fees, domain registration fees, SSL certificate fees, add-on services, software licenses, or any other ancillary charges. The money-back guarantee is available only for first-time purchases of a given service type and does not apply to renewals, upgrades, downgrades, or additional accounts.

5.2 Migration Services

ASPnix may offer courtesy migration services for new customers transferring from another hosting provider. Migration services are provided as a courtesy and are subject to the following terms:

• Migration requests must be submitted within thirty (30) days of your initial service activation.
• Migrations are limited to one (1) cPanel account or equivalent per hosting account, unless otherwise agreed in writing.
• ASPnix will make reasonable efforts to complete migrations accurately, but does not guarantee a perfect migration. It is the customer's responsibility to verify all migrated data and functionality.
• ASPnix is not liable for any data loss, downtime, or other issues arising from the migration process.

5.3 Cancellation

To cancel your hosting service, you must submit a cancellation request through the ASPnix billing system (client area) at least seven (7) days before your next renewal date. Cancellation requests submitted through any other channel (email, support ticket, phone call, live chat) will not be processed. It is your sole responsibility to submit cancellation requests through the proper channel and within the required timeframe.

If a cancellation request is not received at least seven (7) days before the renewal date, the renewal charge will be processed and is non-refundable.

5.4 Refund Policy

• Refunds, where applicable under the money-back guarantee, apply only to base hosting fees. Setup fees, domain registration fees, SSL certificate fees, add-on services, software licenses, and all other ancillary charges are non-refundable.
• Approved refunds will be processed within ten (10) business days and will be issued to the original payment method used for the purchase.
• No pro-rated refunds will be issued for partial billing periods, early cancellations outside the money-back guarantee period, or unused portions of prepaid terms.
• Payments made via cryptocurrency are non-refundable under any circumstances.
• No refund will be issued for any account that has been suspended or terminated for violation of this Agreement.

5.5 Credit Card Authorization

By providing a credit card or other payment method, you authorize ASPnix to charge the applicable fees for your Services, including recurring charges, overage fees, and any other charges incurred under this Agreement. You represent and warrant that you are authorized to use the payment method provided.

5.6 Package Resources

ASPnix reserves the right to modify the resources, features, and specifications included in any hosting package at any time. While ASPnix endeavors to maintain or improve package offerings, changes may include adjustments to disk space, bandwidth allocations, email account limits, database limits, and other features. ASPnix will provide reasonable notice of material changes to package specifications.

5.7 Late Payment and Reactivation

Invoices that remain unpaid past the due date may be subject to a late fee of twenty percent (20%) of the outstanding balance. Accounts that are suspended for non-payment will require a reactivation fee of twenty-five dollars ($25.00) in addition to all outstanding balances and late fees before service will be restored.

ACH payments that are returned (bounced) for any reason will incur a fee of twenty-five dollars ($25.00) per occurrence, in addition to any bank fees incurred by ASPnix.

5.8 Suspended Domain Advertising

ASPnix reserves the right to display a default suspension page, advertising, or informational content on any domain associated with a suspended or terminated account.

5.9 Rate Changes

ASPnix reserves the right to change its pricing, rates, and fee structures at any time. Price changes will take effect at the beginning of your next billing cycle following reasonable notice. Your purchase price at the time of signup is locked for the life of your account, provided your account remains in good standing, is not suspended for non-payment, and maintains continuous active service without interruption.

5.10 Account Data Retention

Account details, including contact information, billing records, service history, and support interactions, may be stored by ASPnix permanently for legal, regulatory, and business purposes, including fraud prevention and dispute resolution.

5.11 Script and Application Diagnosis

ASPnix does not provide technical support for customer-installed scripts, applications, or custom code. If you request ASPnix to diagnose, troubleshoot, or repair issues with your scripts, applications, or custom configurations, such work will be billed at a rate of one hundred twenty-five dollars ($125.00) per hour, with a minimum charge of one (1) hour. This rate applies to all diagnostic and remediation work performed at the customer's request.

5.12 Termination Conditions

ASPnix may terminate your account and all associated Services immediately, without notice or refund, if:

• You violate any provision of this Agreement.
• You engage in activity that is illegal, fraudulent, or harmful to ASPnix or its customers.
• Your account is used to send spam or engage in email abuse.
• ASPnix receives a valid legal order or regulatory directive requiring termination.
• ASPnix determines, in its sole discretion, that your continued use of the Services poses a risk to the security, stability, or reputation of ASPnix's infrastructure or business.

Payment for all Services is due at the time of signup or renewal. Services will not be activated or renewed until payment is received in full.

5.13 Customer Communication

You are responsible for maintaining a valid and current email address on file with ASPnix. All official communications, including billing notices, service announcements, and policy updates, will be sent to the email address on file. Failure to maintain a valid email address does not relieve you of your obligations under this Agreement.

5.14 Violation Fines

ASPnix reserves the right to impose fines for violations of this Agreement as follows:

• First violation: A fine of fifty dollars ($50.00) and a written warning.
• Second violation: A fine of one hundred dollars ($100.00) and a final warning.
• Third violation: Immediate termination of all Services without notice or refund.

ASPnix reserves the right to skip the fine/warning process and immediately terminate accounts for severe violations.

5.15 Unpaid Accounts

Accounts with invoices that remain unpaid for thirty (30) or more days will be terminated. All data associated with terminated accounts may be permanently deleted without further notice or liability.

5.16 Right to Terminate

ASPnix reserves the right to terminate any account at any time, for any reason or for no reason, at its sole discretion. In the event of a termination without cause, ASPnix will issue a pro-rated refund for any prepaid and unused hosting fees.

5.17 Chargeback Policy

If you initiate a chargeback or payment dispute with your bank or payment provider without first attempting to resolve the issue directly with ASPnix's billing department, you will be assessed a chargeback fee of thirty-five dollars ($35.00) per occurrence. Your account and all associated Services will be immediately terminated, and your information may be reported to FraudRecord and similar fraud-prevention databases.

5.18 Suspended Account Restoration

Accounts that have been suspended for any reason may not be restored, reactivated, or accessed without prior written permission from ASPnix. Any attempt to restore a suspended account without authorization is a violation of this Agreement.

5.19 Priority Fast-Track

Priority Fast-Track services, where available, are subject to their own specific terms and conditions as published on the ASPnix website. Availability, pricing, and scope of Priority Fast-Track services may change at any time without notice.

6. Indemnification

You agree to indemnify, defend, and hold harmless ASPnix, LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your use or misuse of the Services.
• Your violation of this Agreement or any applicable law, regulation, or ordinance.
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or contractual rights.
• Any content you host, transmit, or make accessible through the Services.
• Any activity conducted through your account, whether by you or by any other person using your account with or without your authorization.

Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between you and ASPnix. You have no authority to bind ASPnix or to make representations on behalf of ASPnix.

7. Security and Software

• Login Security: You are solely responsible for maintaining the confidentiality and security of your account credentials, including usernames, passwords, API keys, SSH keys, and any other authentication tokens. You must use strong, unique passwords and enable two-factor authentication where available. You agree to immediately notify ASPnix of any suspected unauthorized use of your account or any other security breach.
• No Harm to Servers: You shall not, whether intentionally or through negligence, perform any action that damages, disrupts, or degrades the performance of any ASPnix server, network, or infrastructure. You are liable for any damage caused by your actions or by the actions of anyone using your account.
• Computing Equipment: You are responsible for maintaining and securing your own computing equipment, including ensuring that your devices are free from malware, properly updated, and configured with appropriate security measures before connecting to or interacting with ASPnix Services.
• Virus Upload: Uploading any virus, trojan, worm, ransomware, or other malicious code to any ASPnix server, whether intentionally or due to a compromised local environment, will result in immediate account termination without notice or refund.
• Customer-Installed Software: ASPnix does not provide technical support for software, scripts, plugins, themes, or custom code installed by the customer. This includes but is not limited to CMS platforms (WordPress, Joomla, Drupal, etc.), custom PHP/Python/Node.js applications, third-party plugins, and custom configurations. Support for customer-installed software is available only as a paid service at the rates described in Section 5.11.
• Free WHMCS License: Where ASPnix provides a free WHMCS license as part of a hosting package, such license is provided for use exclusively on the associated ASPnix hosting account. The free WHMCS license is valid only for the duration of your active hosting subscription and will be revoked upon account cancellation, suspension, or termination. The free license may not be transferred, resold, or used on any non-ASPnix server. ASPnix reserves the right to modify or discontinue the free WHMCS license offering at any time.

8. Violation

Any attempt to undermine, compromise, exploit, or circumvent any aspect of ASPnix's Services, infrastructure, systems, security measures, or this Agreement will result in immediate termination of all your accounts and Services without notice or refund.

ASPnix further reserves the right to pursue all available legal remedies, including but not limited to civil litigation, injunctive relief, and criminal prosecution, against any individual or entity that violates this Agreement or attempts to harm ASPnix's business, infrastructure, or customers.

9. Confidentiality

Both parties acknowledge that in the course of the business relationship, each party may have access to or receive confidential and proprietary information of the other party ("Confidential Information"). Confidential Information includes, without limitation, business plans, customer lists, technical data, trade secrets, pricing information, financial information, software, system configurations, and any other information designated as confidential or that a reasonable person would understand to be confidential.

Each party agrees to:

• Maintain the confidentiality of the other party's Confidential Information with at least the same degree of care as it uses to protect its own confidential information, and in no event less than reasonable care.
• Not disclose, publish, or disseminate Confidential Information to any third party without the prior written consent of the disclosing party, except as required by law, regulation, or valid court order.
• Use Confidential Information solely for the purposes of fulfilling obligations under this Agreement.

The obligations of confidentiality set forth in this section shall survive the termination or expiration of this Agreement and shall continue in full force and effect for a period of five (5) years following termination, or for as long as the information remains confidential, whichever is longer.

Each party acknowledges that a breach of this confidentiality provision may cause irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, either party shall be entitled to seek injunctive relief, specific performance, and other equitable remedies in addition to any other remedies available at law.

10. Refusal of Service

ASPnix reserves the right to refuse service to any individual, entity, or organization, at any time, for any reason or for no reason, at its sole discretion. This includes the right to decline new orders, refuse to renew existing services, or terminate ongoing services.

Failure to comply with this Agreement, including any of the policies, procedures, and guidelines referenced herein, will result in the termination of your account and all associated Services. ASPnix may, but is not obligated to, provide notice or an opportunity to cure before exercising its right to refuse or terminate service.

11. Disclaimer

USE OF ASPNIX SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASPNIX EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

ASPNIX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ASPNIX DOES NOT WARRANT THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

LIMITATION OF LIABILITY: IN NO EVENT SHALL ASPNIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF ASPNIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ASPNIX'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO ASPNIX FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Customer Data: ASPnix is not responsible for the loss, corruption, destruction, or unauthorized access to any customer data, including but not limited to website files, databases, emails, configurations, and any other content stored on or transmitted through ASPnix's servers. You are solely responsible for maintaining current and complete backups of all your data.

Privacy of Communications: While ASPnix takes reasonable measures to protect the privacy of online communications, ASPnix cannot and does not guarantee the absolute privacy or security of any information transmitted over the internet or stored on its servers. You acknowledge that electronic communications may be subject to interception, loss, or alteration by third parties.

Backup Responsibilities: ASPnix may perform nightly automated backups of shared and reseller hosting accounts and may retain such backups for up to thirty (30) days. However, these backups are performed on a best-effort basis and are not guaranteed. ASPnix is not responsible for the completeness, accuracy, or availability of any backups. Backups may fail, may be incomplete, or may not be available when needed. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING YOUR OWN INDEPENDENT BACKUPS OF ALL DATA. ASPnix's backup systems are provided as a courtesy and should not be relied upon as your primary or sole backup strategy.

Indemnification: You agree to indemnify and hold harmless ASPnix from any and all claims, damages, losses, costs, and expenses arising from your violation of this Agreement, your use of the Services, or any violation of applicable law committed by you or through your account.

12. Domain Registration Agreement

This section applies to all domain registration services provided by or through ASPnix.

• ICANN UDRP: All domain name registrations are subject to the Internet Corporation for Assigned Names and Numbers (ICANN) Uniform Domain-Name Dispute-Resolution Policy (UDRP). By registering a domain through ASPnix, you agree to be bound by the UDRP and any amendments thereto. Full details of the UDRP are available at icann.org.
• Billing Entity: Domain registration charges may appear on your billing statement as "ASPnix" or "ASPnix -- ANAXA, LLC" depending on the registrar and payment processor used.
• Registrar Partners: ASPnix provides domain registration services through authorized registrar partners, which may include SRSPlus, eNom, OpenSRS, Amazon Route 53, and other registrars selected by ASPnix at its discretion. The registrar used for your domain may change at any time without notice.
• Domains Require Active Hosting: Domain names registered through ASPnix are valid and maintained only in conjunction with an active, paid hosting account with ASPnix. If your hosting account is cancelled, suspended, or terminated, ASPnix is under no obligation to maintain, renew, or transfer your domain registration, and the domain may be allowed to expire.
• Auto-Renewal: Domain registrations will auto-renew within thirty (30) days of their expiration date unless a cancellation request is received in advance through the ASPnix billing system. You are responsible for ensuring that your payment information is current to prevent unintended domain expiration.
• Nameserver Requirements: Domains registered through ASPnix must use ASPnix-designated nameservers while the domain is associated with an active ASPnix hosting account. If you wish to use third-party nameservers, you must transfer your domain to another registrar.
• Free Domain for Life: Where ASPnix offers a "Free Domain for Life" promotion, the free domain registration (and annual renewals) is included at no additional cost for the duration of your active, paid hosting subscription, subject to the following conditions: (a) the free domain applies to select standard TLDs only, as specified by ASPnix; (b) your hosting account must remain active and in good standing with no interruption in service; (c) if your hosting account is cancelled, suspended, or terminated for any reason, the free domain benefit is forfeited and standard domain registration and renewal fees will apply; (d) ASPnix reserves the right to modify or discontinue the Free Domain for Life promotion at any time for new customers, but existing customers in good standing will continue to receive the benefit for the duration of their continuous service.

13. Software Development, WHMCS Modules, and Gateways

This section applies to all software products, WHMCS modules, WHMCS gateways, and custom development services provided by ASPnix.

• As-Is Basis: All software products, modules, and gateways developed or distributed by ASPnix are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
• No Copying or Redistribution: You may not copy, reproduce, distribute, sublicense, resell, reverse engineer, decompile, disassemble, or create derivative works from any ASPnix software product, module, or gateway without the prior written consent of ASPnix. Each license is granted for use on a single installation unless otherwise specified.
• No Illegal Use: You may not use any ASPnix software product for any illegal, fraudulent, or unauthorized purpose.
• Intellectual Property Ownership: For custom software development commissioned by a customer, the customer retains ownership of the custom code created specifically for them upon full payment. However, ASPnix retains ownership of all pre-existing code, frameworks, libraries, and tools used in the development. All standard ASPnix products, modules, and gateways remain the intellectual property of ASPnix and are licensed (not sold) to the customer.
• WHMCS Version Support: ASPnix software products that integrate with WHMCS are supported for a period of six (6) months following the release of a new major WHMCS version. After this period, compatibility with older WHMCS versions is not guaranteed. It is the customer's responsibility to keep their WHMCS installation updated.
• Support and Upgrades: Each software purchase includes twelve (12) months of support and upgrades from the date of purchase. After the initial twelve-month period, continued support and access to upgrades require an annual renewal at the then-current renewal rate. Support includes bug fixes, compatibility updates, and reasonable technical assistance related to the software product.
• Open-Source Module Terms: Where ASPnix releases modules or components under an open-source license, the terms of that specific open-source license shall govern your use of that component. Open-source components do not include support or guaranteed updates unless otherwise specified.
• No Old Releases: ASPnix does not provide access to or support for previous versions or older releases of its software products. Only the current release version is supported and available for download.
• License Verification: ASPnix software products may include a license verification mechanism ("call-home") that periodically contacts ASPnix servers to validate your license. This verification transmits only the information necessary to validate the license (such as domain name, IP address, and license key). You agree not to disable, block, or circumvent this license verification mechanism.
• License Reissues: Each software license may be reissued (transferred to a different domain or installation) a maximum of twelve (12) times. Additional reissues beyond this limit may be denied or may incur an additional fee at ASPnix's discretion.
• Limitation of Liability: In no event shall ASPnix be liable for any damages arising from the use or inability to use any software product, including but not limited to lost data, lost profits, business interruption, or any other direct, indirect, incidental, special, or consequential damages, even if ASPnix has been advised of the possibility of such damages.
• No Refunds on Software: All software product purchases are final and non-refundable. This includes modules, gateways, plugins, themes, and custom development work. Please review product descriptions and documentation carefully before purchasing.
• WHMCS Installation Verification: ASPnix reserves the right to verify that your WHMCS installation is properly licensed and that ASPnix software products are being used in compliance with this Agreement. Unauthorized or unlicensed use will result in immediate revocation of your license without refund.

14. Remote Assistance / TeamViewer

This section applies when ASPnix provides remote assistance to your personal computer or device using TeamViewer, AnyDesk, or similar remote desktop software.

• Shared Session: Remote assistance sessions are conducted as shared sessions where both parties can see the screen. ASPnix technicians will only access areas of your system directly related to the support issue at hand. You should close any private or sensitive applications or documents before beginning a remote session.
• No Liability for Data Loss: ASPnix shall not be liable for any data loss, corruption, system instability, software conflicts, or any other damage to your personal computer, device, or data that may occur during or as a result of a remote assistance session. You acknowledge that remote assistance involves inherent risks and you accept full responsibility for ensuring that your data is backed up before the session begins.
• Business Hours: Remote assistance sessions are available during ASPnix's regular business hours only, unless otherwise arranged. Availability is subject to technician scheduling and may not be available on demand.
• Consent: By initiating or accepting a remote assistance session, you consent to ASPnix's technician accessing and viewing your screen, navigating your file system as necessary, installing or configuring software as needed, and performing the actions necessary to resolve the support issue. You may terminate the remote session at any time by closing the remote desktop application or disconnecting from the session.

15. SMS Messaging

This section governs the sending of SMS (text) messages by ASPnix to your mobile device.

• Consent for 2FA SMS: By enabling two-factor authentication (2FA) on your ASPnix account and providing your mobile phone number, you consent to receive SMS messages from ASPnix containing one-time verification codes and security alerts related to your account authentication.
• Opt-In: SMS messaging is opt-in only. You will only receive SMS messages from ASPnix if you have explicitly opted in by providing your mobile number and enabling 2FA or other SMS-based notifications in your account settings.
• Opt-Out: You may opt out of SMS messages at any time by replying STOP to any message received from ASPnix, or by disabling 2FA/SMS notifications in your account settings. Please note that opting out of 2FA SMS messages will disable two-factor authentication on your account, which may reduce the security of your account.
• Message Frequency: Message frequency varies based on your account activity. 2FA verification codes are sent only when you log in or perform a security-sensitive action. You will not receive marketing messages via SMS unless you have separately opted in to marketing communications.
• Charges: Standard message and data rates from your mobile carrier may apply to SMS messages received from ASPnix. ASPnix does not charge for sending SMS messages, but your carrier's standard rates apply.
• Data Privacy: Your mobile phone number is collected and used solely for the purpose of sending account-related SMS messages (such as 2FA codes and security alerts). Your phone number will not be sold, shared with, or disclosed to third parties for marketing or any other purpose unrelated to your ASPnix account, except as required by law or as necessary to deliver the SMS messages (e.g., through our SMS delivery provider).
• Support: For help with SMS messaging, reply HELP to any message received from ASPnix, or contact us at support@aspnix.com.