Terms and Conditions

By browsing this site and purchasing the products and services on this page, the client acknowledges having carefully read and agreed to our terms and conditions regarding the use of our services and servers.

Access to the site is completely free, with no need to register.

Use of the website www.bioxnet.us and its services implies acceptance of these terms.

All services provided by Bioxnet may only be used for lawful purposes. Any transmission, storage or presentation of information, data or material that violates U.S. federal, state or local laws, or Mexican law, is prohibited.

Bioxnet, or its parent company Bioxnet S.A. de C.V., is not responsible for content published by its clients through the website hosting service, or for information contained in client emails.

This includes, but is not limited to: copyrighted material, material we consider dangerous or obscene, or material protected by trade secret or other statute. The subscriber agrees to indemnify and hold Bioxnet harmless from any claim resulting from misuse of the service and any damages caused as a result, both to the subscriber in question and to any other person or group. Pornography or any sexually-oriented marketing is prohibited on Bioxnet servers. This includes sites that may imply sexual content, or links to other sites with adult-only content. Bioxnet will unilaterally determine whether this provision has been violated.

Likewise, sites that promote any illegal activity or contain information that could harm our servers or any other server on the internet are prohibited. Links to such material are also prohibited.

Examples of unacceptable material or links:

* Pirated software.
* Hacker programs, files or tools.
* Warez sites.
* Pornography
* Plagiarized content
* Illegal activity, fraud, etc.

Bioxnet reserves the right to decide which users have violated this provision.

Mass Email Sending:

Spamming, or the indiscriminate sending of unsolicited email, is STRICTLY prohibited, whether from one of our servers or from an email address or domain hosted on our systems. Bioxnet has full authority to determine whether this provision has been violated.

Bioxnet will determine a fair hourly sending limit based on the web hosting package contracted. If the user exceeds the hourly limit, they will not be able to send more emails until the limit resets. Users usually exceed the hourly limit set for their hosting package when sending advertising or unwanted email, or when their accounts have been compromised by malware or trojan attacks on their computer.

If a user’s email account is compromised and is found sending mass emails, spam, or emails with viruses, the account will be blocked and cPanel access changed to prevent further infections.

To unblock the email account, the infected computer must be scanned with Malwarebytes and SpyBot Search and Destroy, and a screenshot of the resulting diagnostic and cleanup must be sent to us. The account will then be released and a new email password generated.

IRC:

We currently do not allow the operation of IRC or IRC bots on our servers.
Server Abuse:

Any attempt to sabotage or damage the servers or other users is strictly prohibited.

Denial of Service:

We reserve the exclusive right to deny, cancel or suspend service at any time. All Bioxnet sub-networks, hosted sites, resellers and dedicated servers must comply with the rules stated above. Violation of any term or condition described above will result in immediate deactivation of the account.

Occasionally, www.bioxnet.us may send its users promotional offers or special communications, and users will always have the option to unsubscribe from receiving them.

Full and/or partial reproduction of the content of www.bioxnet.us, by any means, is prohibited.

Full and/or partial reproduction of the format, layout and content of the homepage of www.bioxnet.us is prohibited.

www.bioxnet.us reserves the right to modify the terms and conditions of service without notice. Please review these terms of service periodically to stay up to date with the most recent changes.

The terms and conditions contained herein shall be governed by and interpreted in accordance with the laws of Mexico. The ordinary civil courts of the city of Monterrey, Nuevo León, Mexico, shall have exclusive jurisdiction over any legal disputes arising from or related to this bioxnet.us Site.

Web Hosting Agreement.

Bioxnet S.A de C.V., hereinafter referred to as Bioxnet, and “Your Company,” hereinafter referred to as the Client, agree as follows:

Purchasing a hosting plan implies acceptance of this agreement, and it is understood to be signed by the Client upon contracting the Web Hosting service.

These Stipulations shall apply to the agreement entered into by the Client and Bioxnet.

Under this agreement, Bioxnet agrees to provide internet services under the following conditions, offering hosting space on its network servers, with the Hosting Plan contracted according to the bioxnet.us website and chosen by the Client.

Stipulations:

1. Type of Web Hosting. According to the hosting plans offered at www.bioxnet.us/web-hosting

2. Bioxnet’s Obligations.

From the time of contracting, Bioxnet will provide the Client with the following services related to hosted domains:

2.1- Connection. Domains are hosted on Linux-based servers, permanently connected to the internet.

2.2- Primary and Secondary Servers. Bioxnet will provide primary and secondary name servers for the Client, and will be responsible for the work needed to properly operate and provide access to them at all times.

2.3- Backups. Bioxnet agrees to make backups of the content on the server(s) where the Client’s website and all its content are hosted.

Notwithstanding the above, Bioxnet will not be responsible for accidental loss of information caused by any reason beyond its control, nor can it guarantee that data recovered from backups can be restored correctly 100% of the time.

It is therefore the Client’s responsibility to maintain and create their own backups of the information they publish on their contracted domain or hosting.

2.4- Bioxnet’s Liability.

Bioxnet cannot guarantee that hosting availability will be continuous and uninterrupted throughout the term of the agreement, due to possible internet network issues, server equipment failures, and other unforeseeable contingencies.

Likewise, since hosting is shared on the same machine (server) with other domains, technical issues attributable to third parties may occur, for which Bioxnet is not responsible.

The Client therefore expressly waives any claim of contractual or extra-contractual liability, or damages, against Bioxnet for possible failures, slowness or errors in accessing or using the contracted service.

Notwithstanding the above, if Bioxnet fails to meet the commitments assumed in this agreement by providing an inefficient service for an uninterrupted period of 72 hours, Bioxnet’s liability shall be limited to refunding the amount corresponding to the remaining time on this agreement. Accordingly, the refund amount will be reduced by the necessary maintenance and administration costs to determine the total amount to be refunded.

2.5- Technical Support.

From the date the service is contracted, Bioxnet will provide the Client with all the necessary support and timely technical assistance for the development, expansion and improvement of activities related to the domains hosted on Bioxnet’s servers.

Such Technical Support will be provided to the Client by email.

The Client will make requests to Bioxnet by sending an email, which will be answered by Bioxnet’s technicians as soon as possible.

Technical support will be provided exclusively through email and instant messaging over the internet.

2.5.1- Technical Support Features.

Bioxnet, through its staff and technicians, will offer the Client, upon request under the terms described above, technical assistance regarding the hosting service. This assistance does not cover matters related to general application programming, application design, database creation and configuration, consulting, marketing, or general web development.

Assistance and information regarding scripts created or produced by Bioxnet will consist of providing timely information about their installation. In all cases, modifications or changes to the scripts—whether to their pages or their code—are excluded.

In any case, and at the Client’s express request, Bioxnet may offer the services mentioned above, which will generate Extra Charges for services outside the scope of this agreement and will be billed separately.

3. Updates and Plan Changes.

3.1- Primary Domain Change. The Client may change the primary domain to another one, at an additional cost of USD $50 for this process.

To properly carry out the service, the Client must send an email to domains – bioxnet.com requesting the domain name change for their hosting service.

4. Client Obligations.

4.1- Code of Conduct. The Client is expressly prohibited from using Bioxnet’s servers for the following purposes:

Purposes contrary to Mexican regulations, international laws, or any action against personal privacy, or that goes against various matters such as the right to information, dignity, and public morals.

The client will not use the contracted plan in a manner contrary to good faith, public order and applicable law.

The content of files made public through the World Wide Web is the Client’s sole responsibility. Bioxnet is expressly released from any civil, criminal, commercial, or other liability of any kind.

The use of “Cracks,” “Mp3s” without holding the appropriate copyright, “Warez,” “program serial numbers,” or any other content that violates the terms of use and handling of intellectual property imposed by its owners, is expressly excluded from the scope of this agreement.

This agreement expressly prohibits the Client from using our servers for “Adult Content,” “Pornography, adult photos, videos and webcams,” as well as “racist” or “xenophobic” messaging.

For security reasons, sending certain email attachments with extensions such as .exe, among others, is prohibited. Bioxnet may, from time to time or for certain periods, prohibit sending attachments in other formats, including but not limited to .php, .dbf, .zip, .doc, .pdf, .xls, among others.

Bioxnet reserves the right to block access to, partially or fully remove, and discontinue service for any material that may be: fraudulent, deceptive or misleading, abusive, defamatory or obscene, or that violates copyrights, trademarks, confidentiality, trade secrets, or any third party’s intellectual property rights.

Spamming, or the indiscriminate sending of unsolicited email, is STRICTLY prohibited, whether from one of our servers or from an email address or domain hosted on our systems—that is, sending SPAM or unwanted email using the domain’s mail server(s) and email addresses within the hosting provided by Bioxnet. Bioxnet has full authority to determine whether this provision has been violated. “Mail Bombing,” or sending large messages in order to block network servers, is also strictly prohibited.

We currently do not allow the operation of IRC or IRC bots on our servers.

Bioxnet’s management is hereby authorized under this agreement to automatically cancel, without prior notice, any accounts found using these types of actions or any others that go against the proper functioning of the network and its servers.

If service is cancelled due to a violation of the terms of service, the client forfeits the right to a refund.

In addition to the above, the provisions of section 8 of this agreement shall apply.

Likewise, the Client’s breach of this clause will give rise to termination of this agreement by Bioxnet, and the Client will not be entitled to claim any compensation.

5. Client Domains Hosted Under the “Reseller” Plan.

The end clients of any Bioxnet Client who has purchased a reseller plan are not considered Bioxnet Clients, with all the implications this entails. We assume no direct liability whatsoever toward the clients of our Clients.

Furthermore, access to and use of the service described herein is the Client’s sole responsibility, such that Bioxnet bears no liability whatsoever (direct or subsidiary) for any direct or indirect damage the Client may cause to third parties.

6. System Maintenance.

Bioxnet is authorized to interrupt the contracted internet connection whenever necessary to make adjustments, modifications or improvements, or to repair possible failures, aimed at improving the service and its performance, as well as restoring service.

7. Fees and Charges.

7.1- Fees. The hosting fee is detailed in full at:

www.bioxnet.us/web-hosting, which clearly details the cost of each of the different Web Hosting Plans. These prices do not include applicable taxes.

If the Client also asks Bioxnet to register the domain name for their site, the first payment will include the cost of that registration.

Service features and prices may change, and all Clients will be notified at least 15 days in advance.

The Client must pay the stipulated price in advance via:

– Bank deposit, bank transfer, cash, PayPal credit card, or PayPal.

Each payment made according to the frequency the Client specifies at the time of signing up.

If the Client chooses to request domain registration, the cost of this service will be paid together with the hosting payment.

8. Overload.

8.1- Server Overload. When Bioxnet determines that a domain’s resource consumption is saturating or overloading the machine where that domain resides, Bioxnet will notify the Client to find the best solution for continuing to host their site, subject to server space and service availability.

Excessive resource consumption is understood to mean processes such as CGIs, chats, daemons, cron jobs, databases, or any other program that consumes excessive memory, disk space, or any other server process. Bioxnet will always determine when a domain is making excessive use of resources.

The Client will be notified 15 days in advance by email to their contact account, in order to move their domain to another one of our servers so we can continue offering our services (restrictions apply).

In case of disagreement, the Client will be removed from our servers to terminate the agreement, resulting in termination of this agreement by Bioxnet, and the Client will not be entitled to claim any compensation.

9. Refunds and Non-Payment.

9.1- Refunds. The full amount of the service requested by the Client will be refunded within 60 days of the service activation date. Necessary deductions for maintenance and administration costs will be applied at the time of refund to determine the total amount to be refunded; this will not include domain name registration costs, if any. In such cases, the registration and control of the domain will remain with the client.

9.2- Refunds will only be made if Bioxnet has failed to comply with some part of this agreement; otherwise, it will be the Client’s decision, and they will not be entitled to claim any compensation.

9.3- Non-Payment. Once the corresponding due date has passed without the Client having made the agreed payment, and five (5) days have elapsed without the Client making the required payments, the account may be suspended.

9.4- Suspension. When the circumstances described in stipulations 9.1 and 9.3 occur, the Client’s connection to the INTERNET will be deactivated, including both Telnet/FTP and Web access. If issues arise with billing for the service, the Client’s account may be blocked until they are resolved. Likewise, if the client violates the acceptable use of the service, the account will be subject to suspension.

In addition to the corresponding payment, Bioxnet will charge a USD $50 “Reactivation” fee.

Both parties agree that: if fifteen (15) days have passed since the due date of any payment established in this agreement without the Client having made the payment, Bioxnet may fully deactivate network access and may proceed to delete the account, thereby terminating this agreement, without Bioxnet having to refund any fees or compensate for any damages caused.

Once the service is suspended, the account will be deleted from the hosting server, resulting in the deletion of all files, images, emails, code and any other type of file, not limited to those mentioned above, as part of the termination of the agreement. The Client releases Bioxnet from any liability for the deletion of files and accepts that it is the Client’s responsibility to maintain backups of their information. Bioxnet does not retain backups of websites, emails or files 10 days after service is discontinued due to termination of the agreement, whether by expiration or non-payment.

10. Civil Liability.

10.1- The Client releases Bioxnet from any liability related to the content of the information provided for storage in the assigned area of Bioxnet’s servers.

10.2- The Client is solely responsible for any claim or legal action, judicial or extrajudicial, brought by third parties against either the Client or Bioxnet, based on the content of such information, and the Client shall assume any expenses, costs and compensation demanded from Bioxnet as a result of such claims or legal actions.

11. Confidentiality.

11.1- The Client acknowledges that, by virtue of its contractual relationship with Bioxnet, it may have access to information and materials related to business plans, technologies or marketing strategies of great value to Bioxnet.

11.2- The Client agrees not to use this information for its own benefit or that of third parties not authorized by Bioxnet.

12. Relations and Notifications Between the Parties.

12.1- The relationship between the parties is that of a Client and a service provider.

12.2- Unless procedural law requires otherwise, the parties agree to communicate by email, using the most up-to-date addresses in their possession. The parties are required to keep proof of having sent notifications to the other party.

13. Term of the Agreement.

This agreement will take effect from the date it is accepted by the Client.

This agreement is understood to be tacitly renewed if the parties continue to fulfill their contractual obligations.

Therefore, upon expiration of this agreement, if neither party has notified the other of its termination with at least 15 days’ notice, this agreement will be automatically extended for periods equal to those initially agreed upon.

Notwithstanding the above, Bioxnet may terminate this agreement immediately:

– In the event of the Client’s failure to meet the payment obligations established under this agreement and in accordance with stipulation 4 of this agreement.

Bioxnet may exercise this right without any prior notice, and the Client shall not be entitled to claim any compensation.

14. Amendments to the Agreement.

Bioxnet may at any time amend the terms of this agreement, provided it notifies the Client at least 15 days in advance.

The Client will be deemed to accept the changes if they continue using Bioxnet’s services after this period. Any changes proposed by the Client must have Bioxnet’s express written approval to be valid.

15. Partial Invalidity.

If any part of this agreement is found to be unlawful and therefore invalid, this shall not affect the other provisions that comply with the law.

16. Termination of the Agreement.

This agreement may be terminated by either party unilaterally, with 15 days’ prior written notice.

The exercise of this right shall not give either party grounds to claim damages, except for damages caused intentionally or through negligence, and amounts owed to Bioxnet if, as a result of early termination, there remain unpaid amounts corresponding to services previously rendered.

Notwithstanding the above, and in accordance with general contracting rules, any breach by either party of its legal or contractual obligations shall entitle the other party to consider the agreement automatically and fully terminated without prior notice, it being sufficient to provide reliable notice of this termination to the breaching party, stating the intent and cause of termination.

17. Applicable Law and Competent Courts.

For the interpretation and enforcement of this agreement, as well as for anything not expressly stipulated herein, the parties submit to the jurisdiction of the competent courts of the city of Monterrey, Nuevo León, Mexico, and both parties waive any other jurisdiction that might otherwise apply due to their present or future domicile, or for any other reason.

18. Regarding the Purchase of Domain Names.

The Registrant acknowledges and accepts that, to the best of their knowledge, neither the registration of the Domain Name(s) nor the manner in which they are to be used directly or indirectly violates any third party’s rights. That they are not registering the Domain Name(s) for unlawful purposes. That they do not thereby acquire trademark rights, and that it is the Registrant’s responsibility to ensure they are not violating any rights to a distinctive sign such as: a registered trademark, trade name, reserved rights, or any other intellectual or industrial property right, and in general, the applicable national and international legal framework on the matter.

Last modified January 1, 2019

–

Web agency monterrey, Web design agencies monterrey, internet agencies, web agencies mty