Terms & Conditions
Acceptable Use Policy / Terms and Conditions of Use
The goal of 3XHOST is to provide the best service possible for an enjoyable Internet experience. This Acceptable Use Policy ("AUP" or "Policy") is designed to keep 3XHOST and the Internet enjoyable and useful for all of our subscribers. Violation of this Policy may result in suspension or cancellation of 3XHOST services. 3XHOST is committed to and supports the free exchange of information and ideas over the Internet. 3XHOST does not actively monitor nor does 3XHOST exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over 3XHOST servers. However, 3XHOST reserves sole discretionary rights to remove any materials deemed potentially illegal, harmful to 3XHOST business operations or equipment, or in violation of any part of this AUP or of the standard 3XHOST Internet Agreement. Use of 3XHOST Network's servers immediately constitutes acceptance and acknowledgement of this Acceptable Use Policy.
- Restricted Content
Clients are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Clients are expected to use his/her account for the purposes of maintaining a website only. Common sense is the best guide as to what is considered acceptable use.
3XHOST forbids websites with adult graphic content (softcore and/or hardcore), including, but not limited to, banner advertising, any adult website(s), child pornography, and distribution of adult website passwords. Client's whose accounts are found in violation of this policy may, at the discretion of 3XHOST, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnect fee.
Using a shared account as a backup/storage device or to store content not linked to the web is not permitted. Please do not take backups of your backups.
Client's whose website promotes activities that violate federal, state, local, International laws and/or violation of U.S. export restrictions are also not welcome at 3XHOST. This includes "warez" sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Client's whose accounts are found in violation of this policy may, at the discretion of 3XHOST, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee. Additionally, 3XHOST may contact the Software Piracy Association ("SPA") and release any information in connection with any illegal activities relating to software piracy on the Client's account.
IRC Bots, or any other automaton programs written in C, Perl or IRC-script used specifically in conjunction with IRC are not allowed. These programs tie up system resources and are in no way related to maintaining a website. Clients are not allowed to have any programs, including but not limited to, Eggdrop, or any other IRC-related programs, within their account. Client agrees not to upload the tar file for any of these programs or to execute them within their account. The first violation of this policy will result in the IRC-related program to be removed from the Client's account and 3XHOST will notify the Client immediately of the violation. The second violation of this policy may, at the discretion of 3XHOST, result in the Client's account(s) being terminated without notice and a maximum clean-up/disconnect fee.
3XHOST' Network's services may not be used for illegal purposes, or in support of illegal activities. 3XHOST reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:
(i). Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
(ii). Threatening bodily harm or property damage to individuals or groups.
(iii). Making fraudulent offers of products, items, or services originating from your account.
(iv). Attempting to access the accounts of others or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data.
(v). Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same e-mail address.
(vi). Forging any message header, in part or whole, of any electronic transmission, originating or passing through 3XHOST services.
(vii). Distributing viruses to or from 3XHOST systems.
Simply put, we ask that you use your account for the purposes of hosting a non-adult oriented, legal website.
- Trademarks & Copyrights
Client warrants that it has the right to use the applicable trademarks, if any, and grants 3XHOST the right to use such trademarks in connection with 3XHOST' Network's service.
Client agrees not to modify any copyright notices in features (Perl programs, etc.) provided by 3XHOST. Modification of scripts provided by 3XHOST without written permission is strictly prohibited.
- Etiquette and Policies (spam etc)
Spamming is the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to. Using fictitious e-mail addresses @3XHOST.COM, or @3XHOST.com or any domain name hosted with 3XHOST is strictly forbidden. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted with 3XHOST but the mail message makes mention of a website hosted with 3XHOST.
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
3XHOST allows clients to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honored immediately. Client agrees not to send mailings to lists provided by an outside agency or individual. Client further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, 3XHOST requests that mailing lists be sent during non-peak hours, specifically between the hours of 1:00 am and 5:00 am, Central Time (U.S.A). 3XHOST reserves the right to terminate a client's mailing program, whether provided by 3XHOST or not, immediately and without notification to client if said list causes a problem with the e-mail services of other clients. 3XHOST also reserves the right to forbid a client from utilizing any mail-sending program that jeopardizes the mail services of other clients.
Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mailbombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. 3XHOST reserves the right to determine what constitutes abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of 3XHOST, have their account(s) terminated without notice and are subject to a maximum $500 clean-up/disconnection fee.
- Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. 3XHOST is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on 3XHOST servers.
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
- Excessive CPU/Memory Usage
Client agrees to take all responsibility for all programs including CGI/PHP/ASP/ASPX scripts executed under their account. Client may not Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. Client agrees and understands that such excessive use can have an adverse effect on the performance of the webserver. Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of cgi or php chat scripts or pages is strictly prohibited. 3XHOST reserves the right to suspend accounts without notice to clients who violate these terms. 3XHOST has sole discretion over what constitutes excessive usage.
Programs provided by 3XHOST as an installable feature are not exempt from this policy. While every efforts is made on 3XHOST' end to ensure the program it provides are efficient, problems with excessive usage on particular programs may occur.
- Limited Liability
- Client expressly agrees that use of 3XHOST' Network's Server is at Client's sole risk. Neither 3XHOST, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that 3XHOST' Server service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through the 3XHOST Server service, unless otherwise expressly stated in this Agreement. Out 99% uptime guaranty only covers the amount that was pad for the services.
- Under no circumstances, including negligence, shall 3XHOST, its offices, agents or any one else involved in creating, or distributing 3XHOST' Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the 3XHOST Server 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 3XHOST' records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on 3XHOST' Servers.
- 3XHOST' Right to Change Service
3XHOST reserves to right to change without notice the 3XHOST service, including, but not limited to, hours of operation, menu structures, commands, documentation and vendors.
- 3XHOST' Right to Modify its Acceptable Use Policies
3XHOST may at any time, revise the Acceptable Uses Policy with advanced notice given to clients.
3XHOST Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to 3XHOST or any information or software therein. You release 3XHOST from and 3XHOST shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use 3XHOST services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by 3XHOST' own negligence. Without limiting the generality of the foregoing, 3XHOST disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the 3XHOST services. In no event shall 3XHOST aggregate liability exceed the amount paid by you to 3XHOST for the 3XHOST services. Use of any information obtained via 3XHOST Internet service is at the user's own risk. 3XHOST specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
Client agrees that it shall defend, indemnify, save and hold 3XHOST harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against 3XHOST, 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 Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless 3XHOST against Liabilities arising out of
- any injury to person or property caused by any products sold or otherwise distributed in connection with 3XHOST' Network's Server;
b. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
c. copyright infringement and
d. any defective product which Client sold on 3XHSOT Server.
This agreement is between 3XHOST Technologies, and the individual or organization using 3XHOST' products or services. The individual or organization is hereafter referred to as "Customer", "User", or "You".
This policy includes both orders submitted via our on-line order form or non-credit card payment orders, submitted offline.
Clients are expected to keep their contact details up to date at all times.
New accounts must pay for their term of service before service is activated on their account.
In order to insure uninterrupted service to your website, all plans will automatically renewed. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Check, bank drafts, money order or cash accounts must send payment to 3XHOST 15 days before their recurring billing date. In the event that payment is not received, service will be suspended at any time between the recurring billing date and the due date.
Customers paying via checks will have their account due date adjusted. The due date will be 15 days before the recurring billing date. Once the account is overdue it may be suspended, even before the recurring billing date.
If you provide 3XHOST your credit card information, you authorize 3XOST to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with 3XHOST' Billing Policy.
Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify 3XHOST that you would like to cancel your account.
All new accounts are e-mailed a receipt immediately after the account is setup. If you wish to have a receipt mailed to you via postal mail, you will need to contact our billing department to request this. A $2.00 service fee will be assessed for postal mail receipts.
Hosting plans will automatically renew until a plan is cancelled. Cancellations requests MUST be sent at least 15 days before account renewal date. Any request for cancellations must be received via email firstname.lastname@example.org, or certified mail.
Cancellations over the telephone and informal email cancellations are not accepted.
Cancellation requests must be received by 3XHOST a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by 3XHOST. 3XHOST is unable to cancel your account effective for a future date. 3XHOST will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact 3XHOST as soon as possible.
3XHOST does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to 3XHOST' services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. 3XHOST reserves the right to cancel any account, at any time, without notice, for any reason 3XHOST considers appropriate.
3XHOST charges a $20.00 fee for returned checks. Customers that issue an check will be required to submit future payments with a certified check or money order.
Credit Card Charge backs
A $25.00 charge back fee will be assessed for each credit card charge back received by 3XHOST.
Bank Wire Payments
3XHOST does NOT charge fees for accepting payment via bank wire, however, international wire transfers may be assessed a $20.00USD processing fee by an intermediary bank in New York. In addition, your issuing bank may also charge a fee for sending the wire. Please add these fees to the amount that you are sending to 3XHOST or the amount credited to your account will be less than your intended payment.
A late fee of 2% of the total invoice amount per day will be be charged to an overdue invoice even if partial payment is made.
Customers that wish to reactivate a closed account will be assessed a $20.00 reactivation fee. A $50.00 fee will be assessed if 3XHOST restores your data files to your reactivated account. Dedicated server suspended will be charged a $75 reactivation fee per server per incident.
Hosting Plan Changes
Customers electing to change to a lower priced hosting plan on the same platform will be charged a $10.00 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.
Customers that elect to change plans to a different operating system platform will be charged a $10.00 platform change fee.
Account Splits and Mergers
3XHOST encourages customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that 3XHOST separate one or more plans contained under one account into separate accounts. The fee for this service is $19.95 for each new account created and is charged to the new account. Please direct all requests for these services to email@example.com
As a client, you commit to the length of your service cycle. Because of your commitment, we offer a discount on the service. Because of this, no refunds are granted for pro-rated service on service cycles, regardless of length. As a client, you commit to your service cycle with payment up front. 3XHOST commits to providing the offered services backed up by our service guarantees. While we do not offer refunds for pro-rated service beyond the first 30 days of use, you have no obligation to continue using our service even though you have already paid for the service.
No refunds of any sort are offered on Dedicated Servers, VPS servers, Collocation and any software/development services.
If you avail our 30 day money back guarantee all fee's except domain name charges and setup costs are refunded.
Refunds are ONLY offered via checks.
If you have any questions in this regard, Contact firstname.lastname@example.org
What Information Does 3XHOST Gather?
When you register for a 3XHOST account, 3XHOST obtains contact information, such as your name, address, and phone number, as well as payment information, such as your credit card number. When you use 3XHOST's service, our systems record information about your session, such as the dates and times of use, and the specific Internet address assigned to you. 3XHOST also tracks requests you make for information on 3XHOST's products and services, and responses you provide to 3XHOST surveys. Finally, 3XHOST keeps records of your payment history and communications you have with 3XHOST's support team. Except in extraordinary circumstances (when we receive a court order, to protect the company's rights or property, or in emergencies where someone's safety is at risk), 3XHOST does not keep track of what sites you visit when you are using the service.
What Does 3XHOST Do With This Information?
3XHOST uses the information it gathers in order to provide you with the best online experience possible. As you might expect, contact information is used to contact you concerning your account and our company. Payment information is used to validate your identity and to bill you for the services and products you order. Information on your online sessions is used to allocate system resources and to ensure compliance with 3XHOST's Terms and Conditions of Use. Information on your communications with 3XHOST's support team is used to address the issues raised by your communications. In addition, 3XHOST regularly sends out mailings regarding the operation of its service and other goods and services that it believes may be of interest to you. You may request that 3XHOST not send you mailings relating to other goods and services at the URLs listed in this section or send an e-mail to email@example.com .3XHOST reserves the right, however, to send bulletins and other important information regarding the service at its discretion.
Does 3XHOST Share Subscriber Information With Third Parties?
3XHOST will not share or disclose information regarding its subscribers except (i) when we receive legal process such as a court order; (ii) when reasonably necessary to protect the company's rights or property; or (iii) in emergencies where someone's safety is at risk.
You should be aware, however, that any information that you disclose in a public space such as a chat room, bulletin board, or personal Web site, Network Solutions domain registration is freely available to anyone else visiting that space. 3XHOST cannot safeguard any personally identifiable information you disclose in these locations, nor can it ensure that information you voluntarily supply to third parties remains private. Please review the privacy policies of third party sites you frequent to ensure that your privacy preferences are respected.
How Can I Correct or Update the Information?
To request a copy of the contact 3XHOST has on your account, send an e-mail request to firstname.lastname@example.org You may correct that information as appropriate by returning a message to the same address. Please keep in mind that under 3XHOST's Terms and Conditions of Use, subscribers are required to provide 3XHOST with current contact and billing information. 3XHOST may require a copy of a government issued form of identification before disclosing billing information or before making changes to the billing or contact information on an account.
What Happens to the Information if I Leave 3XHOST?
If you ever leave 3XHOST, 3XHOST will normally delete your personally identifiable account information twelve months after the account is cancelled, unless we are under a legal obligation to retain it. We preserve account information for this short period of time in the event you wish to reactivate your account and retain your previous e-mail address. However, in the event of any accounting irregularities, 3XHOST reserves the right to retain your contact and billing information as necessary to resolve the matter.
Changes to This Policy and Questions About Privacy
Service Level Agreement (SLA)
3XHOST is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the 3XHOST network. The 3XHOST Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of 3XHOST' web hosting, reseller, dedicated server, co-location, e-commerce, and dedicated access services.
3XHOST strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by 3XHOST' monitoring systems or 3XHOST' authorized/contracted outside monitoring services. If 3XHOST fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. 3XHOST does not credit a full month's service for minor downtime. This would not be financially healthy for 3XHOST, and in turn would only negatively affect the service level 3XHOST provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, 3XHOST may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the 3XHOST network caused by or associated with:
- Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
- Telco Failure (ie...Verizon™ cutting a fiber line somewhere)
- Backbone peering point issues (ie...UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
- Scheduled maintenance for hardware/software upgrades
- Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). 3XHOST only utilizes only name brand hardware of the highest quality and performance.
- Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)
- DNS issues not within the direct control of 3XHOST
- Network floods, hacks, attacks from outside parties or individuals
- Failure or error of any 3XHOST' monitoring or measurement system
- Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of 3XHOST' service(s) in breach of 3XHOST' Policy and Service Guidelines (AUP), by Client or others authorized by Client.
3XHOST' goal is to make the 3XHOST' network available to Client free of outages for 99.5% of the time. An "outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a service failure for more than 15 consecutive minutes, excluding service failures relating to 3XHOST' scheduled maintenance and upgrades. The network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. 3XHOST' goal is to keep Average Round-Trip Latency on the network to 85 milliseconds or less. 3XHOST defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between 3XHOST' network and major US backbone peering points during such month, as measured by 3XHOST. 3XHOST' goal is to keep Average Packet Loss on the network to 1% or less. 3XHOST defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on the 3XHOST' network during such month that are not successfully delivered, as measured by 3XHOST.
3XHOST will periodically (on average every 15 minutes) monitor 3XHOST network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client’s internet connection, and that such measurements constitute measurements across the 3XHOST' network but not other networks to which Client may connect. 3XHOST reserves the right to periodically change the measurement points and methodologies it uses without notice to Client.
As a courtesy, 3XHOST Provides a backup service on shared hosting accounts. You can request our administrators to run a backup of your site or any files for a one-time charge. Although 3XHOST tries to ensure these backups are complete and accurate, we cannot guarantee data integrity. It is possible that a site and/or file may not be able to be restored incase of a server crash.
We will restore data from our backups in case server trouble arises, but we do not perform restores to fix customer errors. If you accidentally delete a file or damage your website data, we are in no way responsible for this. If you need us to restore data from an incident such as that when it wasn't our fault, we will have to charge a reasonable fee to do so, depending on the complexity of the restore.
3XHOST recommends that the customer periodically and frequently backup their site to their local computer. On most accounts there is a backup manager that can assist you in this process.
A backup may not be included with a dedicated server type plan. We recommend that dedicated server customers purchase a backup option to protect data. Even with a backup plan, 3XHOST recommends that customer still maintain offsite backups since even backup services have a risk of failure.
3XHOST's tands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. 3XHOST utilizes only name brand hardware of the highest quality and perfomance. 3XHOST will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue. 3XHOST will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client (except if it is due to customer abuse such as excessive reboots), with an unlimited free replacement policy. This includes parts ordered as upgrades.
Credit requests must be made on the 3XHOST web site, by contacting our Billing Department. Each request in connection with network/server outages/downtime must be received by 3XHOST within five days of the occurance. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by 3XHOST within five days after the end of such month. The total amount credited to a Client for 3XHOST not meeting SLA service levels will not exceed the service fees paid by Client 3XHOST for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after 3XHOST receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by 3XHOST. Upon Client’s request (in accordance with the procedure set forth below), 3XHOST will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to 3XHOST and confirmed by 3XHOST measurement reporting. Such credit will be equal to one day’s worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the network for a calendar month exceeds 85 milliseconds, then upon Client's request, 3XHOST will issue a credit to Client equal to six day's worth (1/5th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client’s request, 3XHOST will issue a credit to Client equal to six day's worth (1/5th) of the monthly service fees paid by Client for such month.
3XHOST reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, 3XHOST makes no claims regarding the availability or performance of the 3XHOST' network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service