IDX Media Terms of Use
The use of www.idxmedia.com website is subject to the terms and conditions stated herein. Use of the website or any IDX Media service stipulates that you understand the terms and conditions set forth and agree to abide by the laws that govern such use. The current version of this agreement will be posted on www.idxmedia.com and you are responsible for staying informed on updates and reading this agreement on a regular basis to be aware of any revisions of this document.

Ownership of Intellectual Property/Usage Restrictions

www.idxmedia.com will be referred to as the "website" and the user of the website or any IDX Media products or services will be referred to as "You" herein after. This agreement applies to all accounts, of any type (IDX, sub-accounts, resold hosting, pointers, redirections and other related services and activities) associated with you, the account holder.

The material contained in this website, including but not limited to all design, trademark, text, images and interface are all authorship of IDX Media or its licensors. United States and International Copyright laws and Treaty provisions protect the contents of this website. In accordance with these terms, except as stated above;

You may not:

  • Copy, reproduce, modify, use, republish, upload, post, publish, license, create variation of works, transmit or distribute in any form the material from www.idxmedia.com without IDX Media's express written permission to do so.
  • Provide, transfer or sell any information, software, list of users, databases or other lists, products, or services provided through or obtained from IDX Media.
  • Soliciting any of the individuals or companies listed on this website with the intention of soliciting those parties to sell products or services is prohibited.
  • You agree that you will not use any IDX Media product or service in any manner that could damage, disable, overburden or impair IDX Media or interfere with the client's use of an IDX Media product or service.
  • You may not link to any of our web pages without express written consent.
  • You agree that IDX Media has the right to terminate your access to use any of the IDX Media products or services with or without notice if we determine you are in violation of such use.
Security

You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. IDX Media will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Limitation of Liability

IDX MEDIA SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER FOR ANY VIOLATION OF TERMS SET FORTH IN THIS AGREEMENT; INCLUDING BUT NOT LIMITED TO IMPROPER USE OF INFORMATION THAT DIRECTLY IMPACTED ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE IDX MEDIA PRODUCTS OR SERVICES. USE OF IDX MEDIA PRODUCTS OR SERVICES THAT ARE NOT APPROVED IN THESE TERMS SET FORTH , IF CONTINUED WILL BE AT YOUR OWN RISK AND 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. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IDX Media is not responsible for any failures, delays or interruptions in the delivery of any content or services contained on the IDX Media server; or losses or damages arising from the use of the content or services provided by IDX Media, and for greater certainty and without limitation to the generality of the foregoing:
  • IDX Media liability to the client for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by the client to IDX Media, for the prior 1, 3, 6 or 12 months (whichever is appropriate);
  • In no event will IDX Media be liable to the client for any indirect, incidental or consequential damages arising out of the service or in connection with the client web site or any other services or products provided to or by the client;
  • IDX Media, its officers, directors, owners, agents and employees, shall in no way be liable to the client or anyone else for any loss or injury resulting from use of the service or the Client's website;
  • In no event shall IDX Media be liable for any damages, whatsoever, as a result of the notifying any official of potentially illegal content on the web site, providing copies of the client's web site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
  • In no even shall IDX Media be liable for any damages, whatsoever, as a result of the termination of this agreement.
Severability

If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect.

Indemnity

You will indemnify, defend and hold harmless IDX Media and its officers, directors, employees and agents (each, an "Indemnified Party") from and against any and all claims, demands, losses, costs, expenses, liabilities and damages of any kind or nature whatsoever (collectively, "Damages") incurred by any Indemnified Party arising out of, in connection with or resulting from (i) your use of the IDX Media products and services or (ii) your breach of this Agreement. If the client breaches this Agreement, then IDX Media has the right to terminate service without any refunds of the unused portion prepaid by the client.

The client agrees to indemnify and hold harmless both IDX Media and other clients from any and all claims an/or costs (including legal costs) resulting from the clients use or abuse of their service in any manner. If at any time, the client breaches any part of this contract and IDX Media has to engage the services of an attorney, then the client will pay any and all of the IDX Media's reasonable attorney fees and court costs. The client agrees to indemnify and hold IDX Media harmless from and against, and to reimburse IDX Media with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) of every nature whatsoever incurred by IDX Media by reason of or arising out of or in connection with (i) any breach of this Agreement by the client, (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content on the Site, or (iii) illegal, libelous, slanderous, dangerous or defamatory content on the website.

Governing Law/Arbitration

This Agreement shall be construed and governed by the State of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in California in all disputes arising out of or relating to the use of the IDX Media products or services. Use of the IDX Media products or services that are unauthorized in any jurisdiction that does not give the effect to all provisions of these terms and conditions, including without limitation this paragraph.

Agreement

If a client refuses to accept any future provisions or amendments, the client will have the option to cancel service as of the renewal date (see cancellation below for correct procedure). Failure to cancel service by the client will be deemed to be acceptance of any amended provisions or conditions to this agreement. If the client refuses to accept any future provisions or amendments, IDX Media may, in its sole discretion, cancel the account forthwith.

Warranty

IDX Media does not offer any warranty or guarantee other than those expressly stated in the Terms of Service.

Billing & Renewal Period

This agreement will be automatically renewed each billing cycle, or renewal term. Full payment is required before any hosting services is rendered, including renewals and upgrades of service. Payment is due each billing period (one month, one quarter, bi-annually or yearly) and billing will continue until you specifically cancel your hosting account.

Many accounts require prepayment and will therefore be billed one billing term in advance. In this case any additional charges incurred in a period that has already been prepaid, including but not limited to excess bandwidth, may be billed with the next billing period or separately.

Cancellation

This Agreement may be terminated by either party with or without cause upon thirty (30) days advance written notice to the other party.

Cancellations must be received in writing by fax or postal mail and may require verbal conformation (to help ensure your account can not be cancelled by someone other than yourself).

It is the client's responsibility to ensure that the account is indeed cancelled. IDX Media will confirm the cancellation of an account by email, mail or fax. If such a confirmation is not yet received, then the account remains active and you will continue to be billed and invoiced for service. Cancellation does not absolve the client of any outstanding financial obligation and will make all outstanding obligations due on and payable by the date of cancellation.

Termination

IDX Media reserves the right to terminate your account at any time. If a client fails to resolve an issue with any unfavorable circumstances associated with their account, or for any other reason deemed appropriate by IDX Media, this agreement may be terminated at the discretion of IDX Media. Whenever feasible IDX Media will attempt to contact the client and resolve any unfavorable circumstances, however you may not be contacted before your account is deactivated should the circumstances warrant an immediate suspension of services.

If the circumstances can not or have not been resolved by the client, IDX Media may permanently terminate the account. This involves discontinuation of services, disabling and deletion of the account and any related information stored the IDX Media servers if:
  • The client violates any term of this or any other applicable agreement, any municipal, provincial or federal laws or regulations, or any policy or guideline set out by IDX Media on this website or in other communications with the client;
  • The client engages in conduct or posts material on the account ™s web site(s) that IDX Media in its sole discretion believes is harmful to other clients, the business or reputation of IDX Media or any third-party;
  • The client engages in any activity that could or does overwhelm the server with heavy central processing unit (CPU) usage or that requires a disproportionate amount of the resources of the IDX Media server;
  • The client disputes the terms of this agreement or any amendment set out, from time to time, by IDX Media anywhere in an amended agreement, attached schedule to this agreement, on the IDX Media web site, or other communication of terms with the client.
  • Any other circumstances deemed as grounds for termination by IDX Media
Content

Any and all services and facilities IDX Media can only be used for legal purposes under all international, federal, provincial and municipal laws. Violations of this or any other provision of this agreement can result in a suspension of service leading to termination or in IDX Media's sole discretion, an immediate termination of service. This includes, but is not limited to:
  • any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
  • pornography;
  • any and all adult material
  • content that exploits children under 18 years of age;
  • hate propaganda;
  • racist, threatening, slanderous, libelous or otherwise abusive content;
  • the promotion or incitement of, or instructions for, the commission of illegal activities;
  • mail fraud, multi-level marketing schemes or any fraudulent activities;
  • content promoted through the sending of unsolicited email (spamming);
  • sending of unsolicited email (spam) from a IDX Media server, or any other server that refers to content on a IDX Media server, or sending such email with a IDX Media hosted Web site listed as the contact address;
  • pirated software;
  • warez, cracks, hacks, spam software & their associated utilities;
  • illegal mpeg layer two or three files (MP2 or MP3) which may be considered copyright infringement;
  • online gambling
  • information or other material that contains a virus, corrupted data or any other harmful or damaging component.
Using any IDX Media service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down. IDX Media does not host sites of its competitors or web pages promoting sites of its competitors.

IDX Media will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising & Spam

IDX Media is dedicated to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: over the IDX Media network, by customers or any other users of the IDX Media network (including customers' customers) and/or over any network, if the message sent advertises or mentions a site hosted on the IDX Media server.

Any unsolicited email, hate email, email bombs, or any mass email may not be found to be originated by IDX Media or its client accounts or to be distributed or processed by any of our clients. Also, your email address or account is subject to the same conditions. Sending of unsolicited e-mail (spam), from any account on our server or using an e-mail address or domain that is hosted or otherwise associated with our server or company operations is not allowed in any form. This policy includes any opt-in or similar email marketing programs, as such websites, email accounts and domains will not be hosted by IDX Media. IDX Media reserves the right to deactivate any email accounts, domains or hosting accounts that we consider detrimental to performance. If your account or any part of your account is deactivated, you may be required to pay a re-activation fee of $50.

Accounts canceled due to Spam will be billed a clean up fee of $250.

If you have any complaints or suggestions or comments regarding SPAM on our network, please direct them via email to spam@IDXMedia.com

Abuse of Hosting Accounts, Email and Server

Attempting to use too large a proportion of the server's resources, damage or run damaging code, compromising security or otherwise attempting to do harm to our network and server is strictly prohibited. IDX Media reserves the right to suspend or deactivate the domain or hosting account of any offending abuse without any notice. It is the responsibility of the client to contact IDX Media and request potential account or domain re-activation.

All hosting accounts are for use by an individual or office (multiple-agents) as specified in your IDX Media hosting agreement. To prevent abuse of our server resource hosting accounts cannot be used to capture and sell leads to any third-party without written consent from IDX Media.

Refusal of Service

Failure to follow any term or condition will be grounds for immediate account deactivation. IDX Media reserves the right to refuse, cancel, or suspend service at our sole discretion and for reasons that may or may not be disclosed to the customer.

SSH & Telnet

IDX Media has a strict "No SSH" policy and any domain or other account that uses a script or other means which may be used to elevate user privileges or enable SSH, Telnet or other services, will be instantly suspended, subject to termination and fee of up to $250.

Backups

Backups of configurations, backups of files and full backups are performed periodically. No guarantees of any kind are made, either expressed or implied, as to the regularity, scope or integrity of these backups. These backups are made for server restoration purposes only and are not intended for individual client use. It is the client ™s responsibility to maintain local copies of the files and data stored on the web server.

FTP is made available for the backup of such files, along with PHPMyAdmin for the backup of data stored within a database.

Clients with PLESK accounts on servers running PLESK 8.0 have the ability to backup files and other data from within the PLESK interface. While the software allows backups to be either stored on the server and/or downloaded to a local computer, we strongly recommend that clients download and maintain a complete local copy of all their data. IDX Media does not guarantee that backups stored on the server offer any kind of protection in a situation such as a server hardware or software problem, causing complete or partial server restoration.

Support Policy

It is the responsibility of the client to fill out a support ticket in our Support Suite located at www.idxmedia.com You will receive a response from our Support Department when you have filled out & submitted a support ticket with a clear explanation of your issue you are experiencing.

Traffic/Bandwidth & Usage

IDX Media customers are discouraged from storing any files that cause excessive traffic on the IDX Media servers. Please contact IDX Media for more information. If the client exceeds the disk usage or data transfer limit of their hosting account, they will be billed for sufficient blocks of additional disk space or data transfer.

The client understands services are provided on a shared server and means that the client™'s web site cannot overwhelm the server with heavy (CPU) usage from highly active common gateway interface ( CGI) scripts, chat scripts, other scripts or excessive bandwidth usage which interferes with IDX Media™'s ability to provide service to its other clients and users. Should a clients web site or a script or other of the client™'s file(s) overwhelm the server; use a large share of server resources, the clients account will be subject to temporary suspension. If the item is not corrected or removed as directed, the account will be subject to immediate termination.

CGI & other Scripts

Some of our hosting accounts have the ability to run scripts fro your own cgi-bin. You may use any CGI scripts within your cgi-bin folder, (as long as they are not on a list of scripts prohibited by us). If a script detrimentally affects normal server functionality or operation, we reserve the right to disable the CGI script to protect the server and the usability of other hosting accounts of the customers of IDX Media. You will be notified in 24 hours regarding any offending cgi script that has or will be disabled.

IDX Media is not responsible for scripts that you use in your hosting account(s). IDX Media is not responsible for ensuring your scripts operate correctly. IDX Media provides technical support for our servers & server related software. Any scripts included in the Plesk control panel are 3rd Party scripts and are therefore not supported by IDX Media, however you may ask for assistance from other hosting clients in our new support area (when available)..

Chat software (such as IRC)

IDX Media does not allow IRC, IRC bots or any related programs, applications and code to be operated on our servers. This includes any applications related to these software products.

Right to Refuse Service

IDX Media reserves the right to refuse services to any client. In the event that a client does not abide by the provisions set out in this agreement or if IDX Media deems the client to be a hindrance to IDX Media, the client will be blacklisted and IDX Media will not provide any services to the client in the future. In such an event, IDX Media may give the client up to 15 (fifteen) calendar days notice to find another provider for their web hosting needs.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

IDX Media reserves the right to refuse services to any potential client, even before any services have been provided to the client.


Call Us Toll-Free at 800-724-8750