Legal Center

Last modified on May 3, 2022

Terms and conditions

Overview

Peramix may enforce rules and regulations regarding the use of its services. These rules and regulations are called Terms & Conditions and governs your purchase and use, in any manner, of all services provided by Peramix INC.

Any violation of the Terms and conditions will result in action that Peramix feels appropriate, which could be the termination of your account. No refund will be given for any interruption in service resulting from policy violations.

You must accept all the terms within this Agreement prior to the use of any of Peramix’s services.

NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HERE AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.

Security

The customer is solely responsible for any breaches of security affecting Peramix's services under customer control. If a customer’s server is attacked, it will be de-activated and an immediate investigation will begin. In such an event, the customer is responsible for the cost to fix any damage done.

Violations of system or network security are prohibited and may result in criminal and/or civil charge. Peramix may investigate incidents involving such violations and may involve law enforcement. Violators of the policy are responsible, without limitations, for the cost of labour required to rectify any damage done to the operation of the network and business operations supported by the network and to respond to complaints incurred by Peramix. Peramix is concerned with the privacy of online communications and web sites but cannot take responsibility for the security of information transmitted over the Peramix facilities.

The customers are responsible for protecting their own password. The customer will not use or permit anyone to use Peramix services or service to hack passwords or to access other systems or networks without authorization. Peramix will stop the service and fully cooperate with law enforcement in the detection and prosecution of any such illegal activity.

Software Piracy Policy

The Peramix network and related services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of current law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law. In compliance with the Digital Millennium Copyright Act (the “DMCA”), please email notifications of claimed copyright infringements to our legal department (see our contact us page for details). Peramix will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Network

Customers must use the Peramix network responsibly. This includes respecting other Peramix customers. Peramix reserves the right to terminate service with any Customer who uses the Peramix network in such a way that it unfavorable affects other Peramix customers. Violations of this policy may be reported to the law if deemed appropriate. Peramix will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Bandwidth Policy

Bandwidth is not restricted, however, it is subject to fair usage. Please see our Bandwidth Policy page for more info.

Lawful Purpose

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or Peramix’s Terms and Conditions is strictly prohibited.

Content

Content may be stored and published as long as its content remains legal. Illegal material includes copyrighted works, commercial audio, video, or music files, counterfeit products and any material in violation of any law or regulation. Non-Acceptable Content includes, but is not limited to, Child pornography, content containing any person under the age of 18, Incest and Bestiality. You may NOT link to and/or provide information about such content. Any customer found to be violating these rules will have their account terminated immediately without refund and the offending content and customer details will be passed on to the authorities. The definition of “content” is left entirely to the discretion of Peramix.

Child Pornography

Peramix will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for their own content and the actions of their clients over the Peramix network and will be liable for illegal material displayed/sent etc. by their clients or themselves. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act will be reported to the correct authorities. Please email notifications of claimed infringements to our legal department (see our contact us page for details).

Etiquette

The customer is expected to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Peramix may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in reprisal against Peramix by offended users. Peramix reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Unsolicited Commercial E-mail

Peramix will not tolerate the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Violations of this policy carry service penalties, including termination of service. Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via email as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. E-mail is a person-to-person medium, not a broadcast medium. Customers of Peramix are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Peramix network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Violation of Peramix’s SPAM policy will result in severe penalties. If Peramix is notified of an alleged violation of our SPAM policy, an investigation will be initiated. During the investigation, Peramix may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Peramix may terminate the customer’s account. Further, Peramix reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Peramix will notify the law if the violation is believed to be a criminal offence. Violation of Peramix’s SPAM policy may be reported to our abuse department (see our contact us page for details).

Email Services

Peramix reserves the right at its sole discretion at any time, to block any and all email and/or attachments deemed inappropriate or high risk in accordance with the Peramix security policies.

IP Address

Peramix administers the network on which customer servers reside. The customer cannot use IP addresses that were not assigned to them by Peramix staff. Any customer found using IP’s that were not officially assigned, will be suspended from network access until such time as the IP addresses overlap can be corrected. No Peramix IP address is portable or transferable.

Domain Name Registration

All domain names are registered on a first-come, first-served basis. Domain names often appear to be available up to 24 hours following registration. For this reason, Peramix wishes to emphasise that Paying for domain names in no way guarantees that the domain names you have chosen are available and can be registered. You are therefore advised not to take any action in respect to a domain name until full registration has been completed and confirmed to you in writing. Domain renewal takes place automatically at the end of the current domain registration period. Peramix disclaims any responsibility for reminders to customers or users for pending renewal. Domain cancellations must be received in writing at least 2 weeks in advance of the domain expiration date. Failure to provide written cancellation of your domain name(s) in sufficient time will result in the automatic renewal of your domain name(s) and the application of all associated charges. Peramix can accept no responsibility for any losses incurred as a result of unwanted renewal of your domain names.

Hardware

Peramix reserves the right to upgrade hardware without notifying the customer provided that the level of service remains consistent or improves.

Security Review/Website Security Test and Penetration Test

Peramix’s Security Review/Website Security Test & Penetration Test Service aims to reveal, with the aid of online scanners, any known vulnerabilities that may be a potential risk to both the client organization and its customers. Peramix cannot guarantee that the scans will uncover all known vulnerabilities at the time of the scans or thereafter. Peramix cannot be held responsible or liable in any way for vulnerabilities not identified by the scans; this includes attacks carried out after the scans have been completed. Due to the frequent discovery of new vulnerabilities, Peramix cannot guarantee that the subject of the scans will be risk-free from hackers and can accept no liability if the scanned subject is successfully hacked or exploited in any way following any scan by Peramix. Peramix guarantees the confidentiality of all information gathered by the scans and by any other method during the Security Review process. Peramix will not, under any circumstances, pass any data collected to any third party, nor will Peramix use the data for any marketing or promotional use.

Billing

The customer is responsible for paying for any service or network resources that are used to connect to the Internet. The customer may request that the customer’s server/service be disconnected from the Internet, but the customer is still responsible for paying for the resources used up to the point of suspension or cancellation.

Customer agrees to bill as per pro-rata billing cycle

Charges

Customer agree to pay for all charges or costs attributable to your use of the Service at the then current Peramix. prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all Federal, State, and Local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on Peramix INC’S net income.

Payment

Payment must be received in full prior to account activation. All accounts must not have delinquent balances. Once payment is received, the account will client’s account will be activated. Each payment is due thirty (30) days from the day of the previous payment.

Failure to make payment prior to the due date results in deactivation of the account anytime after payment is due.

Invoices are assessed a late fee of 100% of the total monthly invoice amount in addition to the delinquent invoice amount.

Payment by money order must arrive on time. No Exceptions.

Payment for your service must be paid at the beginning of each billing cycle.Peramix Inc. reserves the right to modify the pricing of each service, mid-cycle, and without prior warning. Future payments on all subsequent billing cycles shall be in accordance with the new pricing.

If for any reason Peramix INC is unable to charge your Payment Method for the full amount owed for the Services provided, or if Peramix INC receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Peramix may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. Peramix INC also reserves the right to charge you reasonable "administrative fees" or "processing fees" for (i) tasks Peramix INC may perform outside the normal scope of its Services, (ii) additional time and/or costs Peramix INC may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Peramix INC in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) disputes that require accounting or legal services, whether performed by Peramix INC staff or by outside firms retained by Peramix INC; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Peramix INC as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Peramix INC.

Refund Policy

All payments made to Peramix INC for any product(s) and/or service(s) are considered final and non-refundable. Said payments for product(s) and/or service(s) are non-refundable under any condition unless otherwise provided by applicable law.

Hosting Services Agreement (HSA) Contract Consent

By proceeding with payment and making use of Peramix services, Client hereby agrees to the terms of service set forth in the Hosting Services Agreement (HSA) contract.

Suspension

Peramix reserves the right to suspend service or network access to any customer, if the Peramix network administrators feel the customer’s server/service is the source or target of the violation of any of the other Terms and Conditions or for any other reason which Peramix decides. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not needed. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

Cancellation

Peramix reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not needed. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by Peramix if Peramix institutes its right of cancellation. Any violation of policies, which results in extra costs, will be billed to the customer. Customers may cancel at any time by creating a ticket in the Peramix portal giving at least 30 days notice. Upon receipt of the cancellation request, a confirmation will be sent to the customer via email; if this confirmation email has not been received by the customer, the cancellation request has not been received by Peramix and will not take place. A cancellation fee based on the outstanding balance detailed within the Hosting Services Agreement (HSA) contract is applicable and must be paid immediately upon cancellation. The customer’s hosting platform will remain active for the duration of the agreed time-frame within the HSA from receipt of the written notice of cancellation.

Indemnification

Peramix wishes to emphasise that in signing the Services Agreement or its equivalent, you the customer indemnifies Peramix for any violation of the Services Agreement or its equivalent, law or Terms and Conditions that results in loss to Peramix or the bringing of any claim against Peramix by any third-party. This means that if Peramix is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Peramix, plus all reasonable costs.

Client agrees that Peramix shall not be liable to Client for any claims of actual, compensatory and/or consequential damages which may be suffered by Client, including, but not limited to, losses or damages due to the loss of data resulting from delays, non-deliveries, or service interruptions caused by the fault or negligence of Peramix. Notwithstanding the above mentioned, Client’s exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate USD amount which Client paid during the term of the Agreement.

Backups

Customer is responsible to backup his data. Peramix will not accept responsibility for any data loss.

Website traffic (IIS/Apache) logs are the responsibility of the client. Peramix will not be held liable for any loss of statistical data or financial loss thereof.

Open Source Products

Peramix offers absolutely no warranty on any open source products running on our servers. Open source products are entirely the responsibility of the customer.

Peramix accepts no responsibility for any open source products functioning after updates to our servers and other entities which are related to open source products.

If a customer wishes to maintain an open-source installation we advise that they join the open-source forums and constantly check for updates on the internet.

Customer Platform Breaches

If your platform, server/s or service is hacked or breached,

We recommend the following mitigation actions are carried out immediately:

  • Change passwords to all Accounts including but not limited to VPNs, Email, SSH and RDP logins
  • Check site permissions, do not grant everyone full control (for example 777 permissions) to any files on any platform.
  • Update all software on the server/service including versions of databases, application server software such as php, .NET and ColdFusion, update control panel versions.
  • Update all operating system software such as Linux and Windows.
  • Update all software such as Exchange, WordPress, Magento, SiteCore etc.
  • Ensure to review and update all firewall rules
  • Ensure all admin systems are locked down
  • Your developer/IT Team will need to cleanse all code and platforms thoroughly to ensure all malicious files and corruptions are removed from the platform. Server/Platform rebuilds may be necessary

Please contact our support team immediately if there has been a breach to inform us whether you wish to carry out mitigation actions yourself or if you wish for Peramix to consult with you and carry out the work for you. We will most likely need to charge extra management fees to cover this work and may recommend compulsory platform changes to avoid issues in the future. If you wish to carry out the procedure yourself, we will need to be informed of your plan of action to avoid your system being terminated.

Peramix holds no responsibility for servers or websites which are hacked and may need to shut down servers or websites to avoid network saturation and malicious activity on our network.

Disclaimer of Responsibility

Peramix is under no duty to look at each customer’s or user’s activities to determine if a violation of the Terms and Conditions has occurred, nor does Peramix assume any responsibility through our Terms and Conditions to monitor or police Internet-related activities. Peramix disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy. All Sub-Networks, resellers and managed servers of Peramix must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Termination.

Peramix will not be held responsible for any damages suffered by your business. Peramix makes no warranties of any kind, expressed or implied for services provided. Peramix disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Peramix and its employees. The services provided by Peramix are provided AS-IS and without any warranty expressed or implied. Peramix reserves the right to revise its policies at any time.

Peramix cannot be held liable for any legal fees, damages, losses, costs or other expenses in relation to any claims or actions brought against Peramix as a result of server or 3rd party software vulnerabilities or any code written by Peramix and its employees or contractors.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE TERMS AND CONDITIONS AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS AND CONDITIONS BY YOU.

Prohibited content

Examples of prohibited content or links include (but are not limited to):

  • Pirated software
  • Hacking sites, programs or archives
  • Warez, Warez Linking, Nulled Scripts Sites, 9Hits Scripts
  • Distribution of music files or any other material in which the account holder does not own the copyright.
  • SPAM and Unsolicited Commercial Email
  • Currency mining or any other form of mining

Microsoft Terms and Conditions

The below mentioned links provide links to additional terms and conditions applied to use Microsoft products:

License Resources and Documents

Microsoft Customer Agreement

Microsoft Licensing Use Rights

This documents governs the use of Microsoft software, which may include associated software, media, printed materials, and “online” or electronic documentation (individually and collectively, “Products”) provided by Peramix INC. Peramix does not own the Products and the use thereof is subject to certain rights and limitations of which Peramix must inform you. Your right to use the Products is subject to the terms of your agreement with Peramix, and to your understanding of, compliance with, and consent to the following terms and conditions, which Peramix does not have authority to vary, alter, or amend.

It is customer responsibility to understand Microsoft terms and conditions for using Microsoft products including uploading any Microsoft image or ISO for using with our server or virtual private servers to fully meet Microsoft License Resources and Documents, Microsoft Customer Agreement and Microsoft Licensing Use Rights.

Peramix holds the right to stop and terminate your services immediately if any violation to Microsoft terms and conditions as mentioned. Peramix Terms and conditions shall be fully apply.