The purpose of these Web Hosting 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 Host Customer’s websites contents and his/its customers.
DELIVERY OF SERVICE TERMS AND CONDITIONS:
XsoftHost.com shall inform the Customer by automatic e-mail when the web hosting services becomes available.
XsoftHost.com shall not be liable in case the e-mail not reach the customer’s email address .
Invoicing shall begin on the effective date of the online launching of the Web Hosting services.
The services shall become available in few mintues , rarely for some technical issues its took maximum 2 to 3 hours to deliver.
In event of failing of service delivery on the time, the customer has right to cancel the purchase order and get full refund of the purchase order
CUSTOMER’S OBLIGATIONS AND LIABILITIES:
- 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 acts as an independent entity and shall solely bear all risk associated with its activity
when using the shared hosting Services. The Customer is solely responsible for all contents of his web sites contents.
- 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.
- 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
- The Customer comply and acknowledges 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 hosting account, 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 hosted, 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 ,
and XsoftHost.com has the right in its sole discretion to suspend the Services (without prior notification)
- Customer with shared hosting and/or reseller account acknowledge :
- Not to Use over 25% of system resources,
including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity,
for longer than 90 seconds in any consecutive 6 hour period
- Not To Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
- Not To Run cron entries or plesk schedule with intervals of less than 15 minutes.
- Not To Run any type of web spiders or indexers.
- Not To Use the hosting AS backup/storage device.
- Not To Store over 100,000 files
- Not To Run any MySQL OR MS SQL queries longer than 15 seconds.
- Not To Store a large number of media files (audio, video, etc.)
- Not To Send over 100 messages per hour per user and/or 300 messages per hour for a domain name.
Receive a high volume of emails, by a user or domain name, in any given period of time.
- As Shared Hosting you are not allow to Purchase/use a Dedicated IP Address without installing an SSL Certificate.
- As reseller Hosting you are not allowed to Purchase/use a Dedicated IP Address without installing an SSL Certificate. Or Not assigning the IP to your customers, the customer that belong to the reseller should apply the term No 10 of this section
- Not To Use more than 2GB size per database.
- XsoftHost.com make its own data backup for .
XsoftHost.com frequently make disaster Backup for shared and reseller servers data
.No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups.
Backups are made for server restoration purposes only and belong to XsoftHost.com .
It is Your responsibility to maintain local copies of your web contents and information.
A “Backup/Restore” feature is included with each hosting plan and You can use this tool to back up Your files.
If loss of data occurs due to an error of XsoftHost.com, XsoftHost.com will attempt to recover the date for no charge to the client.
If data loss occurs due to negligence of a client in securing their account or by an action of the client,
XsoftHost.com will attempt to recover the data from the most recent archive for a $100.00 USD.
- XsoftHost.com has the right to suspend the Services (without prior notification) in accordance with the
provisions set out in the Terms and Conditions, and if the Customer is in breach of any
of terms and conditions, any applicable laws and regulations in force, or
any applicable third party rights whatsoever.
- XsoftHost.com reserves the right to undertake checks to ensure that the Services are being used by the
Customer in accordance with this Contract.
OUTGOING TRAFFIC TERMS:
In the case of outgoing emails identified as spam or fraudulent e-mails from Customer’s web hosting services,
XsoftHost.com shall inform the Customer by e-mail and block the email services.
if the customer solve the case then customer may request unblocking of the email services through send e-mail to XsoftHost.com .
Any new e-mail identified as spam will entail a new blocking of the web hosting services by XsoftHost.com
for a longer period to be determined at XsoftHost.com’s reasonable discretion
If XsoftHost.com blocked the email services three times because of spam or traffic violation , XsoftHost.com reserves the right to deny any new request for the unlocking of the email services
PROHIBITED ACTIVITIES ON WEB HOSTING:
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
- Investment Sites (HYIP, FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme etc..)
- 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
- Open DNS resolvers / recursors
- Cracking tools / illegal software key generators
- Public Game Servers
- File hosting services
- Cardsharing (CCCam or equivalent)
- Adult hosting websites or any related contents.
- Making any files or links that breach third party intellectual
property rights publicly available via websites hosted on their Instance
- P2P or file-sharing networks
XsoftHost.com expressly reserves the right to review every shared account
for excessive usage of CPU, disk space and other resources that may be caused by a
violation of this Agreement or the Acceptable Use Policy. XsoftHost.com may, in our sole discretion,
terminate access to the Services, apply additional fees, or remove or delete
User Content for those accounts that are found to be in violation of XsoftHost.com’s terms and conditions.
SECURE SHELL (“SSH”) ACCESS TERMS:
for security reason SSH is disabled by default.
To request SSH access You need to contact technical support providing reasons of SSH needs.
XsoftHost.com has the right to deny customer request if the there are another action to achieve the target or
if there are any kind of security risk by enabling the request .
In case of enabling SSH the customer shall provide static IP to allow the customer to use this service through this IP ONLY.
Upon completion of said terms You will be granted Jail access to the system on a provisional basis
any misuse of the system will result in access being revoked.
The use of php or any other means to circumvent this policy will result in immediate account termination.
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 their websites for those kind of attacks.
If the customer purchased these services (Shared Hosting, reseller hosting) with more than 30 days as contract period,
XsoftHost.com shall guarantee 30 DAYS money back if the customers not satisfied with the services,
the refund exclude (IP address Fees, any purchased License, SSL Certificates ) even if those are included free in the package.