XVHOST provides web hosting and domain registration services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients who use services of XVHOST are subject to the following terms of service:
Indemnification Policy:
You agree to use all services and facilities at your own risk. XVHOST specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall XVHOST be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold XVHOST harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against XVHOST, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless XVHOST against liabilities arising out of: Any injury, damage or loss to a person or property caused by any products sold or otherwise distributed in connection with XVHOST’s server. XVHOST reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from XVHOST’s server. XVHOST shall be the sole judge of what violates this Policy.
Certain services provided by XVHOST are resold. Thus, certain equipment, routing, software, and programming used by XVHOST are not directly owned or written by XVHOST. XVHOST shall not be responsible for any changes in services provided by a 3rd party provider, also will not be held liable for any damage or loss which may arise from service disruption provided by a 3rd party provider. XVHOST will show highest interest to make sure that that services provided by a 3rd party are running smoothly and correctly, and will contact the 3rd party provider when changes or fixes are needed, however the time needed for any fix or alteration will not be decided by XVHOST and XVHOST will not be held liable for any fixes or alterations to be performed on a product provided by a 3rd party in a definite time frame.
Billing, Cancellation and Refund Policy:
As a customer of XVHOST you agree to submit or supply a payment for the rendered services in advance, on the billing date set by XVHOST. You agree that these services will be billed on a recurring basis (if recurring payment option was chosen during registration or renewal of the appropriate hosting package, vps package or domain name package). You must notify XVHOST at least 7 days before the next automated renewal date if you wish to cancel the recurring payments without any further recurring charges (XVHOST shall not be held responsible for recurring automated payment if notified less than 7 days before the next subscription payment date, and this payment will not be refunded).
Cancellations And Refunds:
XVHOST provides a 30 day money back guarantee for new account registrations under these following conditions:
- Only first-time accounts are eligible for refunds. Any additional accounts or returning customers are not eligible for a refund.
- Payments for domain name registrations are refundable only until the domain is registered, renewed or transferred (in case of delayed registration, renewal or transfer).
- Domain privacy protection service is non-refundable.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services without refund.
Subscribers may cancel the account at any time. All subscribers who cancel the accounts 30 days after the initial payment are not subject to a refund and all such requests will be denied.
Subscribers who wish to cancel the account have to contact XVHOST from the “Help Desk” in their Members area with a cancellation request. Such cancellation request will be revised by XVHOST staff members and then a final confirmation to cancel the account will be sent. Account cancellation will be processed only when the final confirmation from the subscriber will be sent (initial cancellation request will not be held as a final confirmation under any circumstance for security reasons).
If a confirmation to cancel the account is not sent by the subscriber, then the account cancellation will not be processed and the account will remain active. Any active subscriptions will be left intact.
After the account is canceled, no further billing on the account will be made. All files, settings and any other information related to the subscriber account will be removed from XVHOST servers.
Domain name registrations are final once the order has been paid, and can only be cancelled at the end of the contract period or in case the client violates these terms or the DOMAIN REGISTRANT AGREEMENT. As such, no refunds are provided for domain name registrations.
Chargeback Policy:
If a subscriber issues a chargeback before following the regular cancellation procedure, XVHOST reserves a full right to disable the respective account instantly. If the subscriber wishes to reactivate the respective account, he will be held responsible for any and all billing service fees which may arise while handling the chargeback. The fees for XVHOST subscribers are fixed to $50 for each chargeback he has issued.
Fraudulent Payment Policy:
If a payment on a client account is marked as fraudulent (such payments are reversed on the payment gateway), then XVHOST reserves the full right to stop any service provided to the client (including other accounts and other payments submitted by the same client) until the issues with the payment are solved. If the client refuses to solve issues with the payment which is marked as fraudulent XVHOST reserves the full right to delete all accounts and stop payment subscriptions provided to the client without any refund.
Late Payment Policy:
All accounts are billed according to the dates they were first activated on. Accounts which are not renewed 5 days after the renewal date will be disabled. If the account is not renewed in 30 day period after the renewal date set on the account, then it will be terminated and all files will be removed. Subscriber will receive notifications if there is any action to be taken on his respectable account.
Account Access Policy:
When a client registers any type of account with XVHOST, the client will be held liable for the client identification information that is provided: a) Name and Surname of the Client b) Client Address c) Company details d) e-mail address. XVHOST will assume all of this information is provided correctly and may use this information to contact the client if such need arises. The client is responsible for making sure the the client identification information is correct. The client may view and update this information at any time through their Members Area. Providing false contact information of any kind may result in the termination of the account without any refund.
Client acknowledges and accepts this procedure and access policy and agrees not to bring any claim of a lawsuit against XVHOST arising out of this said policy and procedure. XVHOST will not be held liable for any damage or liability that may have arise out of following policy and procedure.
In the event when there is more than one person claiming rights to the same account, who may or have provided the information which may provide them access to the respectable account following the XVHOST policy and procedures, then XVHOST is not obligated to provide access to any of the parties. Also, XVHOST is not obligated to solve any kind of such disputes and may solely decide who to provide access to according to internal information and historical data that may have been collected about the user, based on the usage on the respective account.
“Unlimited” Usage Policy:
XVHOST offers some of it's hosting packages with “Unlimited” amount of resources for specific options (disk drive space, bandwidth, domains per account, and others listed in the features page). This means that XVHOST will not set a specific cap for these resources and client will be able to use these resources as needed, however XVHOST does use a fair usage policy which applies to all accounts. XVHOST Fair Usage Policy implies that if the client uses the resources of the shared server to the extent where he is negatively affecting other users hosted on the same server, the resources may be capped or in some cases, but not necessarily, respectable account may be disabled before client upgrades his account to a package more suitable for his needs or fixes the issues so the resource usage on his account stops to negatively affect other users on the same shared server.
By the term “Unlimited Space” XVHOST means that it will not set a cap on the amount of files the user may host on his account, however the space on the hosting account cannot be used for: Backup storage, Online storage, File sharing services, Movie storage, Photo storage, Software storage, Copyrighted content storage, Illegal, Abusive or Offending file storage, Document Archives or any other type of Archive, File Backups (with the exception of a single Control Panel backup generated from your Control Panel), log files, etc. XVHOST reserves the right to remove such files from the user account with or without notice to the client. XVHOST also reserves the right to remove any single files larger than 1GB from the user account regardless of the content of the file with or without notice to the client. XVHOST also reserves the right the clean up a user account by removing files which fall under the criteria of files that may not be hosted on XVHOST accounts, if there are more than 250.000 files and directories, with or without notice to the client.
Backups:
XVHOST generates full backups every 14 days of accounts which are not bigger than 2GB. If the account is bigger than 2GB, XVHOST reserves the right not to generate the backup automatically, however a subscriber may generate backups from his cPanel at any time regardless of the account size. XVHOST stores a single automatically generated backup of each account which is up to 7 days old and up to 2GB in size, older automatically generated backups of accounts are not stored. XVHOST is not liable for any loss of content if the backup has not been generated, it is the client's sole responsibility to safeguard the account data.
Acceptable Use Policy:
All services provided by XVHOST may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless XVHOST and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. XVHOST reserves the right to determine what is and what isn't acceptable for our servers.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Banned Scripts Or Website Types:
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. Hosting any type of these sites will result in instant account suspension until the content is removed. On the case that the content was uploaded willingly by the client, XVHOST reserves the right to terminate the account without the possibility of a refund (even if the 30 days have not yet passed on the account). If the content was uploaded by a 3rd party (hackers, abusers which intend to take the client site down), then XVHOST will inform the client about the abusive content. XVHOST also reserves the right to remove such content from user account without prior notification. Banned scripts and website types listed below:
- IRC scripts, eggdrops, bots
- Proxy server scripts (also any other script which operates as proxy)
- Mail bomber and spam scripts
- IP spoofers and port scanners
- Pirated Software or any form of warez
- Image Hosting Scripts (like imgur or Photobucket)
- AutoSurf site scripts
- PPC site scripts
- PTC site scripts
- Bruteforce Programs or scripts
- File sharing, dump and mirroring service scripts (like mega, rapidshare)
- Top sites generator scripts
- Illegal drug or any other substance or product not allowed to be sold in US or Contraband related sites
- Sites distributing copyrighted content without proper licenses
- Gambling sites
- Hacker programs, credit card dumps, hacker focused sites
- Forums distributing warez or any other illegal content
- Fraudulent sites (fake banking services, fake login pages, any other site mining information in illegal ways)
- Viruses, trojan horses, mass ping, ddos, udp or tcp flood scripts, or other kind of desctructive scripts
- Child pornography (if XVHOST is to locate child pornography willingly uploaded to a client account, then the client account will be terminated instantly without any possibility of a refund)
Any kind of abusive content found on our servers should be reported to [email protected] . XVHOST will handle any abuse report with the highest priority and interest. XVHOST will not be held liable for any damage or loss that may have arisen from content uploaded to client accounts or actions performed by scripts on such accounts on our shared or vps servers. Client who is the account owner takes full responsibility of the whole account content and all actions that are performed on the respectable account, also takes full responsibility for any and all of damages or losses that may arise from his account content or actions performed by scripts on his account.
Background Running Programs:
Background daemons on shared hosting accounts in general are prohibited.
Commercial Advertising And Spam E-mails:
XVHOST servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Subscriber domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM/illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. We reserve the right to refuse or cancel service to known spammers. Lastly, XVHOST reserves the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
Domain Name Services
Domain name registration services are operated by: NetEarth One, inc.
Registrants' Benefits and Responsibilities: https://www.icann.org/resources/pages/benefits-2013-09-16-en
Registrants Educational Materials: https://www.icann.org/resources/pages/educational-2012-02-25-en
Limitation Of Liability:
XVHOST shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from XVHOST servers going off-line or being unavailable for any reason whatsoever. Furthermore, XVHOST shall not be responsiblefor any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of XVHOST servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to [email protected] . All complaints will be investigated promptly.
DISCLAIMER:
THE XVHOST SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XVHOST DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THE IMPLIED CONDITION OF SATISFACTORY QUALITY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY INFORMATION OR CONTENT ON THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
If any violation of these rules will occur XVHOST reserves the right to suspend a violating account. You can request a reactivation by submitting a support request through our control panel. After the account will be reactivated, you client will have 12 hours to resolve the incident. If incident will not be resolved in 12 hours after the account has been reactivated or any violation will occur in future by the same account, XVHOST reserves a right to terminate violating account and disable client profile.
