The purpose of these dedicated Terms and Conditions, which are complementary to XsoftHost.com’s General Terms and Conditions of Service, is to define the technical and financial terms and conditions pursuant to which XsoftHost.com agrees to rent and host on its platform the Customer’s dedicated internet server.
DELIVERY OF SERVICE TERMS AND CONDITIONS:
XsoftHost.com shall inform the Customer by e-mail when the dedicated server becomes available.
Invoicing shall begin on the effective date of the online launching of the dedicated server.
The server shall become available within a maximum of 7 days of the effective payment date by the Customer purchase order.
some dedicated products may need more than 7 days and it will be mentioned on the product page description.
After such deadline has expired and if XsoftHost.com fails to make available the server to the Customer, said Customer
shall be entitled to request the cancellation of the transaction and the reimbursement of amounts already paid.
The dedicated server that rented to the Customer shall remain the property of XsoftHost.com .
Any server rented or hosted by XsoftHost.com has a static IP address.
The Customer is the administrator of the server rented from XsoftHost.com . customer may install on his own the software
applications or licensed softwares on the server. the customer is fully responsible for the software installation , and XsoftHost.com may not
be held liable for any server malfunction following such installation.
CUSTOMER’S OBLIGATIONS AND LIABILITIES:
- customer is fully responsible of the rented server. It is therefore the Customer’s
responsibility to take all the required actions and procedures to insure the server.
Customer shall not be entitled to request any reimbursement, replacement or compensation whatsoever from XsoftHost.com for damages or failures to the server.
- The Customer acts as an independent entity and therefore assumes all the risks related to his activities.
The Customer is solely liable with regard to the use of the services and websites hosted on his dedicated server,
the content of the information transmitted, posted or collected, including operations and updates,
as well as with regard to all files, including address files. The Customer agrees, more specifically,
to comply with the rights of third parties, human rights, and intellectual property rights, such as copyrights,
patent rights or trademarks. XsoftHost.com shall therefore not be liable, in any way whatsoever, for the content of information transmitted,
posted or collected, used, and updated, as well as for any files, including address files.
XsoftHost.com alerts the Customer as to the legal consequences that could result from unlawful activities on the server,
and disclaims any joint and several liabilities regarding the use of the data made available by the Customer to internet users
- The Customer shall also refrain from any breach or attempted breach activities
(such as port scanning, sniffing, spoofing,
including the list but not limited in the section 3 of this terms and Conditions agreement.) while using the server.
In such cases, the Customer shall not be entitled to the reimbursement by XsoftHost.com of amounts already paid in.
- The Customer alone shall bear the consequences of a server malfunction resulting from the use by his staff or his members
or by any other person to whom the Customer has provided his password(s) or to any person that the customer give him the permission to access the server.
The Customer shall also bear alone the consequences resulting from the loss of such password(s)
- In order to maintain the security level of the Customer’s server, and of all its servers on its hosting platform,
XsoftHost.com agrees to notify the Customer of the availability of updates for its applications where security flaws have
been reported. If these application updates are not carried out at XsoftHost.com’s request, XsoftHost.com reserves the right to interrupt the server’s connection to the internet network
- For security reasons, XsoftHost.com can proceed with the immediate suspension (without notice) of any server on which
would be offered paid or free public proxies, such as IRC, VPN, TOR for which XsoftHost.com have knowledge of misuse,
fraudulent or unlawful use
- The Customer is responsible to ensure the backup of his data on the server, XsoftHost.com not liable for any data lost from your server.
- The Customer shall be solely responsible for ensuring it secures its Services, implementing security
tools (firewall, etc.), periodically updating their system, backing up their data and for ensuring the
security of their software (scripts, codes etc.).
- The Customer shall pay for any license or right to use ,either provided by XsoftHost.com , or with a third party, failing
which, XsoftHost.com reserves the right to suspend the service without prior notice.
- XsoftHost.com has the right to check the Customer’s compliance with the provisions regarding use of the service.
XsoftHost.com reserves the right to suspend the service without prior notice, in the event the Customer fails to comply with XsoftHost.com’s terms and conditions of service and, generally, with all laws and regulations in force, as well as with rights of third parties
- The Customer is reminded that XsoftHost.com’s intervention in connection with the contract on a dedicated server is
limited to installing the server. XsoftHost.com only insures in that regard the rental of a specialized infrastructure,
without any control whatsoever over the content of the hosted websites or the contractual relationship between
the sites’s editor and their Web host, an XsoftHost.com Customer under a dedicated server rental contract.
- The Customer acknowledges and agrees to be also subject to the laws applicable in the territory on which the
equipment are installed. Hence, the Customer acknowledges XsoftHost.com’s right to suspend his service if it is
used for a prohibited activity at the place of physical location of the equipment provided by XsoftHost.com . The Customer a
also agrees that the same right applies on IP addresses and the Customer acknowledges XsoftHost.com’s right to suspend an IP
if it is used for a prohibited activity at the place of registration of the IP. In the event of such use, XsoftHost.com may suspend all the IP address of the Customer registered in the same location
PROHIBITED ACTIVITIES ON SERVER:
XsoftHost.com will proceed immediate suspension (without notice) if one of the following (including but not limited) services or activities found on the server :
- IRC servers
- Traffic Exchange, HitLeap, Automated Browsing, Crawlers, iMarcos, AutoSurf etc.
- Pirated Content / Warez / Illegal Downloads/Uploads
- IP Scanners / Port Scanning / Brute-force Programs
- Email Spamming of any type
- Lottery / Gambling Sites
- MUDs / RPGs / PBBGs
- Sites promoting hacking / illegal activities
- Bank Debentures / Bank Debenture Trading Programs
- Fraudulent / Phishing / Replica Sites
- Public Proxies / Public VPNs / TOR Exit / Anonymizers
- TeamSpeak / Mumble
- Virtual Currency Mining (including but not limited to bitcoin)
- DDoS-prone applications or booters / flood scripts / IP spoofing
- Cracking tools / illegal software key generators
PROTECTION FROM DOS AND DDOS ATTACKS TERMS:
XsoftHost.com is providing a protection against Denial Of Service (DOS) and Distributed Denial Of Service (DDOS)
computer attacks and provided when made in a massive way.
the customer agrees that due to the nature and complexity of this Protection Service, XsoftHost.com is not subject to an obligation of means;
it is possible that the attack is not detected by the tools in place, and that the tools developed
do not prevent the operation of the Service to be interrupted.
Neither these tools nor XsoftHost.com prevent other computer attacks such as SQL injection, brute-force, security vulnerabilities’ exploitation etc ;
its the customer’s responsibilities to protect the server for those kind of attacks.
NONE of the dedicated server modules and products fees are refundable , excluding section 1 of this terms, in event of failing of delivering from XsoftHost.com .