Terms of Service
Last updated: 14th February 2020
Please read our terms of service (ToS) agreement carefully, as it contains important information regarding your legal rights and remedies.
1. Agreement to Terms of service
idiox provides its service to you, subject to the following Terms of service ("ToS"), which is subject to updates by idiox as is necessary and without notice. The ToS is available for viewling online at: https://idiox.io/terms-of-service. Notice of changes to the ToS or other matters may be displayed via notices on our website. In addition, when using particular idiox services, you agree to abide by the idiox Acceptable Use Statement and any other guides or rules which may be posted by idiox henceforth. All such guides/rules are hereby incorporated by reference into the ToS. Where any inconsistency exists between the ToS and any guide or rule, the ToS will prevail.
2. Description of Service
idiox provides customers with custom services. This includes SaaS-/Hosting-/On-Demand- services and their equivalents. idiox is also offering custom web development/scripting/freelancer work. Your services, invoices/downloads etc. are stored in your user account.
3. Your Registration Obligations
In consideration of your use of the service, you agree to provide truthful, accurate, current, and complete information about yourself as prompted by the service’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or if idiox has reasonable grounds to suspect that any information provided is untrue, inaccurate, not current or incomplete, idiox has the right to suspend, terminate or refuse any and all current or future use of the service (or any portion thereof) by you. You will receive an account designation upon completing the service’s registration process.
5. Your Conduct
You are fully responsible for all your activites whilst using any services of idiox. You agree to notify idiox immediately of any unauthorised use of the service. idiox cannot and will not be liable for any loss or damage arising from your failure to comply with the provisions contained in this section. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responibility of the person from which such content originated. This means that you, and not idiox, are entirely responsible for all content that you may upload, post, e-mail or otherwise transmit via any service provided by idiox. idiox does not control the content posted via services and, as such, does not guarantee the accuracy, integrity or quality of such content. You acknowledge that by using the service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will idiox be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mail or otherwise transmitted via the service. You agree to not use the service to: upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm children in any way; impersonate any person or entity, including, but not limited to, a idiox official, guide or host, or falsely state or otherwise misrespresent your affliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service; upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements); upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, e-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation; upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the service, the servers or any other hardware connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; "stalk" or otherwise harass another; or collect or store personal data about other users. Carry out any unlawful act, not otherwise specifically referred to.
6. Management of Content
You acknowledge that idiox does not pre-screen Content, but that idiox and its servants or agents shall have the right (but not the obligation) in their sole discretion to move or delete any Content that is available via the service. Without limiting the foregoing, idiox and its servants or agents shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by idiox or available via the service. You acknowledge and agree that idiox may preserve Content and may also disclose Content: (a) for the purpose of providing the service to the customers and so as to ensure compliance with the standard operating procedures of idiox or its affiliated companies, and/or (b) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to: (c) comply with legal process; (d) enforce the TOS; (e) respond to claims that any Content violates the rights of third-parties; or (f) protect the rights, property, or personal safety of idiox, its users and the public. You grant idiox permission to run manual and/or automatic systems, at its absolute discretion, to determine compliance with and to enforce the TOS and accept that this limited access to, and monitoring of your computer is warranted and lawful. You acknowledge that the technical processing and transmission of the service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. idiox reserves the right to terminate your access to some or all parts of its service if you withdraw your consent in this paragraph at any time.
7. Intellectual Property Rights of Others
If you are aware that the intellectual property rights of others or your own intellectual property rights are being or have been infringed on the service, you agree to immediately provide idiox with: a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number and e-mail address.
The service may provide, or third parties may provide, links to Internet sites or resources. Because idiox has no control over such sites and resources, you acknowledge and agree that idiox is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that idiox shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
9. Supervision of Children
idiox is concerned about the well being and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the service should supervise their access to the service at all times. By allowing your child access to the service, they will be able to access other computers on the Internet. idiox has no control over the Content which may be accessed via other customer's computers or the Internet. Accordingly, as the legal guardian, it is your responsibility to determine whether use of the service and/or the Servers is appropriate for your child.
You agree to indemnify and hold idiox and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.
11. No resale of service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service except if you have the express written contractually agreed permission to do so.
12. General Practises regarding Use
You acknowledge that idiox may establish general practices and limits concerning use of the service, including without limitation the maximum number of times and the maximum duration for which you may access the service in a given period of time. You further acknowledge that idiox reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
13. Modification to service
idiox reserves the right at any time henceforth to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that idiox shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
You agree that idiox in its sole discretion, may terminate your account (or any part thereof) or use of the service, and remove and discard any Content within the service, for any reason, including, without limitation, if idiox believes that you have violated or acted inconsistently with the letter or spirit of the TOS. idiox may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that idiox may immediately deactivate or delete your account and all related information and/or bar any further access to such files or the service. Further, you agree that idiox shall not be liable to you or any third-party for any termination of your access to the service.
15. Proprietary Rights
You acknowledge and agree that the service and any necessary software used in connection with the service ("software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by idiox or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part. idiox grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the software. The foregoing is subject to applicable statute and other express law. You agree not to modify the software in any manner or form, or to use modified versions of the software.
You expressly acknowledge and agree that: Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law idiox disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right. idiox makes no warranty or representation that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from idiox through or from the service shall create any warranty or other obligation not expressly stated in the TOS.
17. Limitation of Liability
You expressly acknowledge and agree that to the fullest extent permitted by applicable law idiox shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if idiox has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. Nothing in these TOS shall affect the statutory rights of any consumer, exclude or restrict idiox's liability arising from fraud or other criminal action or exclude or restrict any liability for death or personal injury arising from the negligence of idiox.
18. General Information
These TOS (including the guides and rules referred to herein) constitute the entire agreement between you and idiox and govern your use of the service, superseding any prior agreements between you and idiox. You also may be subject to additional Terms of service that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and idiox shall be governed by the laws of England/Germany. You and idiox agree to submit to the exclusive jurisdiction of the English/German courts. Any failure by idiox to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to idiox via post or e-mail at [email protected]
20. idiox Refund Policy
idiox cannot offer refunds except in cases where idiox cannot provide the service ordered, or fails to provide a Satisfactory service. Refunds are mostly/in general done by refunding parts of the payment, giving coupons or adding days if it's a subsciption service. Please be aware of the following when ordering a service: Addons / Mods / other scripts or services on a webserver might cause lag or performance issues, that has nothing to do with idiox's services and can't be claimed as a refund reason. Also, location issues, such as connection from Germany to China, can not be claimed as a refund reason. Depending on the quality of the service code and ancillary services provided by the developers and / or publishers; services may be missing features, not perform as expected and may be unstable / crash, by purchasing a service you agree that such issues are beyond the control of idiox. Account balance funds are not refundable/withdrawable - those funds can only be used for payments on idiox services.
21. Service-Level Agreement
Network downtime will be compensated in the form of additional time added to the billing cycle. Greater than 1 hour of downtime will add 1 day of free service time. Any further downtime will be credited at a rate of 1 day per 6 hours downtime. Any downtime caused by hardware issues will be treated as Network Downtime. idiox cannot be held liable for any downtime caused by Denial of service (DoS) or Destributed Denial of service (DDoS). idiox cannot be held liable if the malfunctioning of the customer's service if the malfunction is caused by a modification made by the customer to the service. All services will be brought online within 24 hours, except if it's especially stated on the specific service. Should the setup take longer than 24 hours, the service will be credited an additional amount of time equivalent to the time lost to setup free of charge. Customers will be notified via the control panel of any maintenance, including the expected duration and times of the maintenance. Should maintenance extend more than 1 hour beyond the stated times, it will be treated as Network Downtime.
22. Individual expansion of the ToS for certain services
Additional Terms of Usage/service may apply to individual services. For example different script sets/products/licenses might have different or additional terms. Those you will be able to see on the specific product/services page.
23. Additional Fees for Support/Repairing
Additional Fees might be charged if your service/product/license needs custom extension or equal things. Repairing your service for example could bring up additional fees as well. This is not regular and happens only in unique cases. idiox promises to always be clear about additional fees before anything will happen.
24. Price adjustments
Prices for prepaid hosting products (game servers, voice servers) can be adjusted whenever idiox sees a reason to do so. You'll be notified about such price changes through e-mail.