Captavi Terms of Service

Captavi's primary objective is to deliver value and support our subscribers wherever, whenever and however possible. Our management and staff will provide the highest level of attention and dedication to all of our subscribers.

In pursuit of our primary objective, Captavi agrees to deliver the agreed upon services, as declared in the “New Account” confirmation, to our customers at the time of purchase, subject to the following Terms of Service (hereafter referred to as TOS).

In addition, the use of Captavi's service(s) by a subscriber constitutes an unconditional acceptance of and agreement to Captavi's TOS. Captavi reserves the right to change or modify the TOS at any time without notice.

Captavi guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where Captavi has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar issues with subscriber’s domain name, routing issues between subscriber location and Captavi data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Captavi cannot directly influence. To request a service credit due to an uptime concern, please submit a request for this guarantee via Captavi’s “Contact Us” form. If requesting a “service credit” we ask that subscriber briefly explains the reasons for doing so.

Payment
Establishment of this service is dependent upon receipt of payment of stated charges by Captavi. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle. VIII. Failure to Pay Captavi may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees. IX. Account Cancellation A subscriber may cancel his account at any time online via his account control panel’s “Billing Options.” If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Captavi could improve service. The cancellation will take effect immediately and the subscriber’s account will remain active until the end of the subscription. Account resumption is possible with one click from the same menu, in case you should redecide.

Subscriber Acknowledgement
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Captavi and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that Captavi shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Captavi. Subscriber further acknowledges that the Captavi’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Captavi be liable for any special or consequential damages, loss or injury.

Change of Nameservers
In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to Captavi's DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by Captavi on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessability or cooperation by the domain name registration’s registrar.

Support Boundaries
Captavi provides technical support to its subscribers. We limit our technical support to our area of expertise. The following is our guideline when providing support: Captavi provides support related to your service plan’s features’ physical functioning. Captavi does not provide technical support for the subscriber’s customers. The only way to request technical support is to utilize the technical support helpdesk located in your Captavi control panel. If you are able to get online and have other questions, the answers may be on our documentation manual. We encourage you to check there first. Lastly, the "Quick Help" option in the control panel you are using may have the answer to your question. Please investigate these resources before contacting tech support.

Network IP Address
Ownership If Captavi assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to Captavi and the subscriber shall have no right to use that IP address except as permitted by Captavi. Captavi shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by Captavi. Captavi reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.

Bandwidth and Disk
Usage Subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer (“Agreed Usage”). Captavi will monitor subscriber’s bandwidth and disk usage. Captavi shall have the right to take corrective action if subscriber’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in Captavi's sole and absolute discretion, at any time deemed necessary by Captavi.

System and Network Security
Subscribers or any network users are prohibited from violating or attempting to violate the security of Captavi’s network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Captavi will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:

1. Accessing data not intended for such subscriber or logging into a server or account, which such subscriber is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any subscriber, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing."
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which subscriber is not entitled.

Notification of Violation
Captavi is under no obligation or duty to constantly view each subscriber's activities to determine if a violation of this TOS has occurred. Accordingly, we do not assume any responsibility through our TOS to monitor or police Internet-related activities. Captavi will only investigate suspicious activities if they are deemed to violate this agreement or to harm any part of the services, network or other subscribers. If a subscriber is found to be in violation, the following steps are taken:

1. First violation: Any Subscriber, which Captavi determines to have violated any element of this TOS shall receive an email warning them of the violation. Subscriber’s service is subject to a temporary suspension at Captavi's discretion pending a subscriber's agreement in writing to refrain from any further violations.
2. Second violation: Subscribers, whom Captavi determines to have committed a second violation of any element of this TOS shall be subject to immediate suspension or termination of service without further notice.

NOTE: Captavi reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contacting the subscriber. Captavi will contact the subscriber as soon as it is feasible.

Suspension of Service or Cancellation
Captavi reserves the right to suspend network access to any subscriber if in the judgment of Captavi, the subscriber‘s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Captavi deems necessary. If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault. XVI. Miscellaneous Provisions Subscriber must provide Captavi real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.

1. Captavi takes no responsibility for any material placed on its network by others. Captavi is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. Captavi disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
2. Captavi’s subscribers are not permitted to run IRC servers.

Disclosure to Law Enforcement
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that Captavi may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber. XVIII. Indemnification Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.

Severability
If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Applicable Law
This TOS is subject to the governing laws of the State of Texas. Courts of competent jurisdiction in Ft Bend County, Texas shall hear and decide any disputes.

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