Terms of Service

Last updated: 11-16-2023

General Conditions

1.1 Scope of Terms: These terms and conditions govern the provision of services by FoxyTab to you. All terms become effective upon your electronic submission of an order.

1.2 Modification of Terms: FoxyTab reserves the right to change or modify this Agreement, as well as any incorporated policies or agreements, at its discretion. Changes take immediate effect, and your continued use of the website or services constitutes acceptance. It is your responsibility to maintain an up-to-date email address to receive communications from us.

Information About Us, and How to Contact FoxyTab

2.1 Contact Methods: We are FoxyTab, a company registered in the UAE. You can reach us through the contact methods listed at https://foxytab.com/host/submitticket.php?step=2&deptid=1 or by logging into your client area at https://foxytab.com/host/login.php to raise a support ticket.

2.2 Mailing Address: FoxyTab
Dubai UAE 36848
Damascus st, B11 Office 404

2.3 Communication: We will contact you in writing at the email address provided during the order placement.

Our Contract With You

3.1 Contract Formation: Placing an order on our website does not guarantee acceptance. The contract is established when you receive confirmation that your order has been accepted and created. Payment must be received before services are provided.

3.2 Unfulfilled Orders: If we cannot accept or fulfill your order, we will inform you and refund any payment. Examples include failure to pass manual fraud inspections.

3.3 Account Creation: To access our services, you must create an account. We reserve the right to change allocated usernames or passwords, notifying you in writing. You are responsible for accurate account information and activity security. Notify us immediately of any unauthorized use or security breach.

Domain

4.1 Domain Registration: We make no representations on domain availability. Domains are registered in your name, not FoxyTab's. Manage WHOIS data through your FoxyTab client area. Keep data accurate to prevent domain deactivation.

4.2 Designated Agent: For applicable gTLDs, we act as a Designated Agent per ICANN's Transfer Policy, authorizing changes to registrant contact details.

4.3 Service Limitation: Our domain service involves forwarding orders to registries. While we facilitate the process, you are solely responsible for domain registration and renewal. Foxytab accepts no liability for any failure in this regard.

4.4 Compliance: You must comply with ICANN and relevant registry terms and conditions for domain registration and use. You agree to indemnify Foxytab for any failure to comply with the terms of this Agreement or with ICANN or the registry's terms and conditions.

4.5 Automatic Renewal:Foxytab endeavors to automatically renew a domain on your behalf, unless you instruct otherwise. Renewals are typically for the same duration as the initial registration period, and payment is processed in advance of the renewal date.

4.6 Renewal Terms and Payment:Renewals follow the initial registration period and are charged at prevailing rates. Foxytab processes payment for domain renewals up to 7 days prior to the renewal date to ensure timely renewal.

4.7 Ownership Determination: Foxytab determines domain ownership based on the details held in the Whois database. If these details are inconclusive, Foxytab may request supporting evidence to ascertain ownership. Disputes over ownership must be resolved directly between you and the involved parties.

4.8 Transfer Responsibility: You are solely responsible for completing any steps required to transfer a domain, including but not limited to unlocking the domain name, providing the authorization code, and approving a transfer request. Foxytab must be promptly informed if you wish to cancel a transfer and request a refund, following our refund policy.

4.9 Transfer Conditions: You acknowledge that one year may be added and charged to certain domain extensions during the transfer process. Some domains have maximum registration periods, and you understand that this may affect the transfer if it would exceed the registry term limit. Foxytab will not initiate the transfer of a domain until the order has been placed and fully paid.

4.10 Expiry and Ceasing Operations: In the event that a domain is not renewed by its expiry date, it will cease to operate and be deemed expired. A registered domain will expire if Foxytab is unable to take payment via the provided method, or if you have set the domain to expire or fail to manually renew it before the renewal date.

4.11 Grace and Redemption Periods: Following the expiry date, a domain may enter a grace and/or redemption period. During the grace period, you have the opportunity to contact Foxytab to retrieve and renew the domain, provided you pay for the renewal in full and in cleared funds. Upon receipt of the renewal fee, Foxytab will restore the domain to your control panel.

4.12 Grace Period Actions: You acknowledge that following the end of the grace period, Foxytab may, at its sole discretion, renew the domain or park it on different name servers from those set by you.

4.13 Redemption Period: If Foxytab receives a request from you to renew the domain after the end of the grace period, during the redemption period, you agree to pay the applicable redemption fees plus the renewal fees for the domain(s). Foxytab is not obliged to take any action to renew or recover a domain during the redemption period until you have paid both the redemption and renewal fees. Foxytab makes no guarantee that attempted renewals will be successful.

4.14 Agreement Termination: If Foxytab does not receive the renewal fee within the grace period, the agreement for that domain will terminate immediately and without liability to Foxytab. If the relevant registry allows for a redemption period, and Foxytab receives a request from you to renew the domain after the end of the grace period, you agree to pay the applicable redemption fees plus the renewal fees for the domain(s). Foxytab is not obligated to take any action to renew or recover a domain during the redemption period until you have paid both the redemption and renewal fees. Foxytab makes no guarantee that attempted renewals will be successful.

Shared Hosting

5.1 Free Domain Offer:Certain hosting packages provided by Foxytab may incorporate a complimentary domain registration or transfer as part of the package. It's important to note that this offer is applicable to a limited selection of domain extensions, and the availability of these extensions may vary over time. Foxytab reserves the right to decide whether to allow or disallow a free registration or transfer at its discretion.

5.2 Usage Policy: Hosting Restrictions:Foxytab services are primarily designed for hosting websites and email. This usage policy outlines specific restrictions on activities that are not permitted on our hosting servers. It is important to adhere to these guidelines to ensure the stability and optimal performance of our systems for all clients.

Permitted Usage

Our services are intended for the following purposes:

• a. Hosting Websites.
• b. Email Services.

Prohibited Activities

The following activities are explicitly prohibited on our reseller hosting servers unless explicitly stated otherwise:

• a. Batch Processing: Performing large-scale data processing or calculations in a batch mode is not allowed.
• b. Video Encoding/Transcoding: Activities related to video encoding or transcoding are prohibited.
• c. Web Crawling/Spidering: Automated processes for web crawling or spidering are not permitted.
• d. Archiving:Systems designed for archiving purposes beyond website hosting are not allowed.
• e. Online Backup Systems: The use of our services for online backup systems is prohibited.

5.3 Fair Usage Policy for 'Unmetered' Allowances: Foxytab offers 'Unmetered' allowances for certain resources such as monthly bandwidth, email accounts, addon domains, databases, and system resources. This policy ensures fair usage of these resources, and customers exceeding reasonable usage may, at Foxytab's discretion, be prompted to optimize their website efficiency.Foxytab reserves the right to enforce discretionary measures if excessive resource usage persists.

5.4 Service Assessment and Account Migration: Foxytab is committed to ensuring that the services selected or purchased by customers meet their specific needs. In instances where it is determined that the current service may not adequately fulfill the customer's requirements, Foxytab reserves the right to inform the customer of this assessment and provide guidance on the appropriate service. Failure to cooperate with an account move request may result in account suspension and/or termination.

5.5 Free Migration Service: Foxytab provides a free migration service to assist customers in moving their account(s) from their previous provider to Foxytab. While this service is offered as a best-effort initiative, customers should acknowledge their familiarity with their website's intricacies. Foxytab aims to take reasonable care during the migration process, including site files and data transfer, but it remains the customer's responsibility to provide suitable access, verify successful migration, and assess related components like emails, DNS records, and domain names.

5.6 Hosting Environment Changes and Upgrades: Foxytab reserves the right to modify the hosting environment in which your website operates. These changes will typically be on a "like-for-like" basis, ensuring that your use of the hosting environment is not adversely affected. Material changes will only occur for the purpose of providing an 'upgrade.' Customers will be informed in writing of any changes made to the hosting environment, which may include adjustments due to legal requirements, security threats, or changes in location and provider.

5.7 Upgrade Circumstances: Foxytab may make changes to the hosting environment under the following circumstances:

• 5.7.1 Legal Compliance: To reflect changes in relevant laws and regulatory requirements, ensuring continued compliance.
• 5.7.2 Technical Adjustments: To implement minor technical adjustments and improvements, addressing security threats or enhancing overall performance.
• 5.7.3 Location and Provider Changes: To change between server locations and providers, allowing for flexibility in server infrastructure.

5.8 Agreement with Upstream Providers: As a customer of Foxytab, it is imperative that you agree to the terms set forth by our upstream providers, with specific emphasis on compliance with export laws, including the proper licensing of software. Foxytab has made efforts to incorporate all relevant terms from our upstream providers into this agreement for your convenience.

5.9 DDoS Attacks: In the ever-evolving landscape of DDoS attacks, Foxytab acknowledges the dynamic nature of attack methods. Given the unpredictability and continuous emergence of new attack vectors, Foxytab cannot provide guarantees for defending against every denial of service attack on websites. Customers concerned about DDoS vulnerabilities are strongly advised to consider purchasing a paid DDoS mitigation service from reputable third-party providers, such as Cloudflare.

5.10 Service Uptime and Maintenance: Foxytab is dedicated to providing a 100% service uptime for its customers, with the exception of planned or emergency server maintenance or conditions beyond reasonable control. To ensure transparency and effective communication, Foxytab follows a notification protocol for planned maintenance and commits to prompt resolution in the event of server issues. In the event of a server problem, a qualified engineer will address the issue within 30 minutes of notification.

5.11 Account Backups: Foxytab takes comprehensive account backups of your websites, storing them offsite for security and recovery purposes. While efforts are made to align offsite storage with the live server's geographic region, variations may occur. Exclusions to backup content, such as non-fundamental files, are made, and the backup service is considered a best-effort measure. Customers are encouraged to proactively manage their backups, and bespoke solutions can be arranged for those with specific data residency requirements.

5.13 Disruption to Services: Foxytab acknowledges that certain disruptions to services may occur due to events beyond its control. While efforts are made to choose high-performance providers, disruptions caused by external events will be communicated promptly, and steps will be taken to minimize their impact. Foxytab, however, will not be held liable for disruptions caused by such events, including network or hardware issues upstream of its control. We will not be responsible for network or hardware issues upstream of us. E.g. if OVHcloud have an issue we will not be responsible for their problems or include this within our 100% uptime calculation.

Providing These Services

This section outlines the terms and conditions related to the provision of services by Foxytab. It covers the costs of services, the duration of service supply, and the information required from customers for seamless service delivery.

6.1 Transparent Pricing: The costs of the services are clearly displayed on Foxytab's website, ensuring transparency for customers.

6.2 Necessary Information: Customers are required to provide certain information as indicated in the service sign-up section on the website. This may include government-issued identification or additional details to verify provided information.

6.3 Contact for Additional Information: Foxytab reserves the right to contact customers for further information or clarification during the service provisioning process.

6.4 Suspension of Services: This section outlines the circumstances under which Foxytab may suspend or disable the supply of services and the corresponding rights and responsibilities of both Foxytab and the customer.

Reasons for Suspension:

• 6.4.1 deal with technical problems or make minor technical changes;
• 6.4.2 update the product to reflect changes in relevant laws and regulatory requirements;
• 6.4.3 make changes to the product as requested by you or notified by us to you
• 6.4.4 when required by law
• 6.4.5 where we believe that you are in breach of any material term of this Agreement
• 6.4.6 to resolve any third-party claims or actions
• 6.4.7 to avoid financial loss or legal liability.

6.5 Customer Rights During Suspension:

• Advance Notice: Foxytab will provide advance notice of service suspension unless the issue is urgent or an emergency.
• Price Adjustment: If the suspension exceeds 24 hours in any 7-day period, Foxytab will adjust the price to ensure customers do not pay for suspended services, except in cases of the customer's breach.
• Contract Termination: Customers have the right to end the contract for a service if the suspension lasts for more than 120 hours, and Foxytab will refund any prepaid sums for the period after contract termination.

6.6 Suspension Due to Non-Payment

• Non-Payment Consequences: Foxytab may suspend services if customers fail to pay. Interest may be charged on overdue payments.
• Service Restoration: Once payment is made, Foxytab will make reasonable efforts to restore services within 24 hours.
• Data Retention: In cases of service suspension or overdue accounts, Foxytab may no longer retain a copy of customer data or websites.
• IP Address Changes: Due to the use of global cloud providers, service suspension may result in changes to website IP addresses.
• Customer Responsibility: Foxytab emphasizes that customers are responsible for the cost of maintaining services, and failure to pay invoices may lead to service interruptions.

7. Your Obligations Under This Contract

This section outlines the obligations of customers under the contract with Foxytab. It covers responsibilities related to scripts, data, and materials on accounts, emphasizing the prohibition of abusive and illegal content. Customers are expected to comply with laws and regulations, refrain from unauthorized access or malicious activities, and ensure the security of login credentials.

7.1 Responsibility for Scripts and Data

• Customer Accountability: Customers are responsible for all scripts, data, and objects on their accounts and their customers' accounts.
• Abusive Scripts Defined: Abusive scripts are those that interfere with Foxytab's systems or other customers' accounts, cause harm to computer systems or users, or engage in fraudulent activities.
• Immediate Suspension: Any account identified as the source of abusive scripts will be promptly suspended and investigated. Appropriate action will be taken, as detailed under the Illegal Content section, and full cooperation with authorities will be ensured.

7.2 Prohibited Materials and Activities

• Offensive Materials: Customers agree to refrain from uploading, sending, or receiving materials that may be considered offensive, abusive, indecent, defamatory, obscene, menacing, or prohibited by current and future statutes in force in the USA or the server location chosen for hosting.
• Legal Compliance: Storage, distribution, or transmission of illegal materials may lead to investigation and possible prosecution by relevant authorities.
• Unauthorized Access: Customers must not gain or attempt to gain unauthorized access to any computer systems, leading to potential criminal prosecution under the Computer Misuse Act.
• Malicious Data Sending: Prohibition on sending data using forged addresses or data designed to adversely affect remote machines, including denial of service (DDoS), worms, viruses, trojans, and ping storms.
• Email Abuse: Customers must not participate in sending unsolicited bulk email (spam, UBE, UCE) and should ensure their systems do not allow open relay.
• Security Measures: Customers must take reasonable steps to maintain the confidentiality of passwords and login credentials.

7.3 You agree to refrain from sending or receiving any material which may be in breach of copyright(including Intellectual Property Rights), confidence, privacy or other rights. If you are in any doubt as to the legality of what you are doing, or propose to do, you should take independent legal advice.

7.4 Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.

7.5 Sites must not contain hateful material or content which seeks to incite hate.

7.6 Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful. This includes but is not limited to, child pornography.

7.7 Sites must not contain warez, copyrighted music/videos or links to such content. It is your sole responsibility of the user to ensure that they have the rights to distribute any content displayed on their website.

7.8 Sites must conform to recognised international copyright law.

7.9 Registration of domain names. You are responsible for ensuring that the registration of a domain name and the manner in which it is to be used, either directly or indirectly; will not infringe any third party rights, including third party intellectual property rights; is not being made in bad faith or could otherwise be considered to be an abusive registration under the dispute resolution procedures or policies of any relevant registry or of ICANN; and will at no time be used for an unlawful purpose whatsoever. You accept and consent to us making your registration details in relation to your Domain available to third parties including ICANN and the applicable registry for the Domain as applicable including to law enforcement and governmental bodies as required by law.

7.10 You agree that on transferring ownership of a registered Domain to another person or registering a Domain on behalf of another person (the “Transferee”) you will confirm and prove that the Transferee agrees in writing to be bound by the terms of this Agreement at our request.

7.11 We will not transfer ownership of a Domain until all Fees attributable to the services associated with the account, which are due have been paid by you to us.

7.12 In the event that we receive a complaint in regards to trademark / brand infringement, we have the right to place a Domain on hold. We shall take this action if in receipt of a decision from a Domain Dispute Resolution and/or a settlement agreement between the parties concerned. Any renewal payments must be paid to us by you.

7.13 In the event of receiving documentation which matches the WHOIS details, we reserve the right to lock the domain and place a registrar hold on it. We shall not move the Domain from this status until we are satisfied that the dispute has been resolved between the parties concerned, with documentation provided to us proving the same.

8 Acceptable Email Usage

8.1 We provide the ability to send e-mail using SMTP. This is designed for day-to-day communication needs. All outbound mail is scanned by a cloud-based spam filtering system.

8.2 We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times. Customers who abuse the email service will be notified that their behavior is unacceptable and may have their accounts suspended, terminated and no refunds given.

8.3 By purchasing the services you agree to the following:

• 8.3.1 not to send emails that might cause annoyance, inconvenience or anxiety to a recipient;
• 8.3.2 not to send any emails likely to cause distress or any material which is offensive, indecent,obscene, menacing or in any way unlawful;
• 8.3.3 to have a clear opt out policy in all newsletter communications;
• 8.3.4 not to use our mail services or network to send email to any user who does not wish to receive it;
• 8.3.5 not to use our mail services or network to send unsolicited email, in bulk (commonly known as spam ) or individually;
• 8.3.6 not to use our mail services or network with intent to deprive others of service ( mail bomb);
• 8.3.7 not to use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender;
• 8.3.8 not to use any email address that you are not authorised to use;
• 8.3.9 to ensure that any email servers connected to our network and operated by you are not configured to allow open relay;
• 8.3.10 to take full responsibility for your own email reputation;
• 8.3.11 not to take any action that would put you or us in breach of obligations under the General Data Protection Regulations or Data Protection Act 2018.

9. Acceptable Usage Policy

This section outlines Foxytab's Acceptable Usage Policy, defining permissible actions related to web usage, content management, and legal considerations. Customers are responsible for the content on their websites and must adhere to legal and ethical standards. The policy covers copyright, intellectual property rights, legality of content, and specific regulations regarding adult content.

9.1 Definition of Web Usage:Web usage includes the use of web space provided with client accounts, web hosting on our servers and the use of web services and space on dedicated servers. We do not monitor content on any web space maintained by customers. We bear no responsibility for the content of your website.

9.2 Content Ownership and PermissionsCustomers are solely responsible for ensuring that the content and materials on their websites are either created by them or used with proper permission.

9.3 Copyright and Intellectual Property Disputes:Customers bear sole responsibility for resolving any disputes related to copyright or intellectual property rights associated with their websites or web services, Also Customers agree to indemnify Foxytab against all costs, including legal costs, incurred in defending any claims arising from third parties regarding the use of copyright or intellectual property rights.

9.4 Legality of Content:Customers must not use their websites or web services to promote or distribute any material or content that is illegal under current or future legislation in the USA or any other operational jurisdiction. Customers are reminded that the internet is a global communications network, and legal standards may vary by country. What is legal in the USA may be illegal elsewhere, potentially leading to prosecution in other countries.

9.5 Content Investigation and TerminationFoxytab reserves the right to investigate content services if potential abuse is brought to its attention. Accounts found to be abusive, contain illegal content, or violate terms of service are liable for immediate termination.

10. Your Rights When It Comes To Ending Our Contract

This section outlines the procedures and conditions for terminating the contract with Foxytab. It covers the termination process, refunds, legal rights related to faulty services, cancellation due to a change of mind, and the consequences of inappropriate or illegal activities on the account.

10.1 Contract TerminationCustomers can terminate their contract by canceling the service in advance of the renewal date through the client area at Foxytab Client Area. A support ticket can also be raised up to 24 hours before renewal.

10.2 Refunds and Money-Back GuaranteeAs Foxytab provides digital services, all sales are final, and no money-back guarantee or refunds are offered.

10.3 Legal Rights for Faulty or Misdescribed ServicesIf services are faulty or misdescribed, customers may have a legal right to end the contract or request service re-performance. A written notification detailing the reasons must be provided to Foxytab.

10.4 Cancellation Due to Change of MindCustomers changing their mind about the service must notify Foxytab within 7 days of the renewal of their account. Outstanding account resource usage not yet billed is due upon cancellation.

10.5 Inappropriate or Illegal ActivityAccounts found to contain illegal or inappropriate content will be immediately suspended. Failure to rectify the issue will result in account termination, with no refunds applicable.

10.6 Contract Termination Process To end the contract, customers should log into Foxytab Client Area, view the product, and raise a cancellation request. A reason for cancellation should be provided. Unpaid usage will be billed before the services are canceled.

11. Our Rights When It Comes To Ending Our Contract

This section outlines Foxytab's rights to terminate the contract under specific circumstances. It covers instances where Foxytab may end the contract, the customer's obligation to compensate for contract breaches, and the procedure for discontinuing services with prior notice.

11.1 Contract Termination by FoxytabFoxytab may end the contract if the customer fails to make timely payments. If the customer does not provide necessary information within a reasonable time, Foxytab may terminate the contract.

11.2 Withdrawal of Services Foxytab may inform the customer in writing about the discontinuation of services, providing a minimum of 30 days' notice. Foxytab will refund any advance payments made for services that will not be provided.

Pricing And Payment

12.1 The price of the service will be the base price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct.

12.2 Metric billing. Account usage for additional control panel accounts and/or disk space above the base plan allowance will incur additional charges, which are billed on a monthly basis on the date of signup. Since additional usage is billed after the usage occurs, any outstanding usage must be paid in full prior to cancellation.

12.3 Changes in the price. We reserve the right to alter the prices advertised on our website and fees at any time. We will provide written notice of any changes via email to the email address provided by you to us when registering your account. In most cases, changing the price on the website for new customers will not affect the price for existing customers.

12.4 What happens if we got the price wrong? It is always possible that, despite our best efforts, you are provided with the incorrect price for our service. If the correct price is less than the stated amount will amend the price and refund any difference to you. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

12.5 When you must pay and how you must pay. We accept payment by most major credit and debit cards, PayPal. All invoices are billed and due on the date of signup. You warrant that you are lawfully authorised to make a payment using the payment card or facility used. In the event that you are not the named cardholder, you will indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.

12.6 No refunds policy. Since we offer digital services, all sales are final and we do not offer any type of money-back guarantee and/or refunds of any kind. All product add-on services are also considered non-refundable.

Payments

13.1 If a charge back is incorrectly made against your account, we reserve the right to suspend and/or terminate your account until reimbursed.

13.2 Payment due. You agree to pay all amounts due for services at the time you order them as well as any invoices for additional services or resources used. All amounts are non-refundable.

13.3 Invoices will be sent in advance of payment due date. Invoices will be sent to the email address provided by you to us when registering your account. You can see your email history and view all invoices in client area

Our Responsibility And Liability For Loss/Damage Suffered By You

14.1 We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going offline or being unavailable for any reason whatsoever. Furthermore, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers; loss of service or any costs incurred due to a configuration or service issue resulting from our provided services. All damages shall be limited to the immediate termination of service.

14.2 We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15. Privacy Policy

15.1 Use of Personal InformationFoxytab will only utilize your personal information concerning your Foxytab account. Foxytab commits to never selling or providing your personal information to any third party for any purpose.

15.2 Other Important Terms Foxytab reserves the right to transfer this agreement to another organization. Customers will be notified of such a transfer, and if dissatisfied, they may contact Foxytab before renewal to terminate the contract.

15.3 Consent for TransferCustomers need Foxytab's written consent to transfer their rights or obligations under these terms to another person. Transfer requests can be submitted via a support ticket on Foxytab Client Area.

15.4 Exclusive Contractual RightsThis contract is exclusively between the customer and Foxytab. No third party shall have the right to enforce any terms of this agreement.

15.5 Legality of Contract TermsIf any part of this contract is deemed illegal by a court, the remaining terms will remain in force. Each paragraph operates independently.

15.6 Enforcement DelayFoxytab's delay in enforcing this contract immediately does not waive its right to enforce it later. Non-enforcement or delayed enforcement does not release the customer from their obligations.