This Terms of Service Agreement (TOS) is a formal and legally binding agreement between XcaHost.com (we, Company) and You, the service user (you, Subscriber). Use of our service constitutes acceptance and agreement to the TOS in full.
1. Purpose and Overview of the TOS
2. Specific Violations of the TOS
3. Security
4. Network Performance
5. Payment Information
6. Chargebacks and Disputes
7. General Operations
8. Dedicated Servers and Virtual Private Servers
9. Violation Procedures
10. Miscellaneous Provisions
1. Purpose and Overview of the TOS
The TOS is provided to give our Subscribers and users a clear understanding of what we expect of them while using our services. All users of our services including those who access our services but do not have accounts, as well as those who pay a service fee to subscribe to the services, must comply with our TOS.
We support the flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any website, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary websites. However, in accordance with our TOS, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate the TOS. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of the TOS may result in the suspension or immediate termination of your account without prior notice.
The following are guidelines for the establishment and enforcement of the TOS:
Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and exchange of information
Preserve the privacy and security of individual users
While we are committed to the principles of free speech, certain activities that may be damaging to the resources of both us and the Internet and cannot be permitted under the guise of free speech. The resources of us and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
If you violate the TOS, we reserve the right to suspend or terminate your service without notice. We prefer to advise Subscribers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the TOS will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
2. Specific Violations of the TOS
By using our services you agree not to commit any of the following specific violation of the TOS. The following constitute specific violations of the TOS:
Illegal use
Our services may not be used for illegal purposes, or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. If illegal content or usage is found, the account will be suspended and/or terminated. Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber.
Harm to minors
Use of our service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography is prohibited. Violation of this policy will result in immediate termination of your service and a report will be made to law enforcement authorities.
Threats
Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property is prohibited.
Harassment
Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another is prohibited.
Fraudulent activity
Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters" is prohibited This also includes any knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Forgery or impersonation
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. Forging any message header, in part or whole, of any electronic transmission, originating or passing through our service is in violation of the TOS. The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)
Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, we will initiate an investigation. During the investigation, we may restrict Subscriber access to the network to prevent further violations. If a Subscriber is found to be in violation of our SPAM policy, we may, at our sole discretion, restrict, suspend or terminate the Subscriber's account. Further, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in an "Administrative Fee" of $25 and your account will be reviewed for possible immediate termination. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer. A second violation will result in an "Administrative Fee" of $100 and immediate termination of your account.
E-mail/News Bombing
Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.
Usenet Abuse/Spamming
We have a zero tolerance policy for the use of our service for the posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Unauthorized access
Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ours or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Copyright or trademark infringement
Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited. This also includes intellectual property rights. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Network disruptions and unfriendly activity
Use of the service for any activity which affects the ability of other people or systems to use our services or the Internet is prohibited. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. This includes, but is not limited to: "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. It is the Subscriber's responsibility to ensure that their account(s) are configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their account for illegal or inappropriate actions. A Subscriber may not permit their account, through action or inaction, to be configured in such a way that gives a third party the capability to use their account in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any Subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your account, or if denial of service attacks are originating from your account. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Distribution of Viruses
Intentional distributions of software or anything that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
IRC networks
It is forbidden to host IRC (Internet Relay Chat) that is part of or connected to another IRC network or server. Accounts found to be connecting to or part of these networks will be immediately suspended without notice. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer. Any user who commits a second violation will be immediately and permanently removed from our network without notice.
Eggdrop Scripts
Eggdrop scripts/bots and IRC bots of any type are not allowed, these are grounds for immediate account deletion.
Proxy Servers
Proxy Servers are prohibited. This includes, but is not limited to, SOCKS proxies, Squid proxies, Bittorrent Proxies, Tor, and any CGI or PHP proxy scripts. Violation of this can result in immediate account suspension.
Adult Material:
Adult Material is allowed. All adult sites must have a warning entrance page, all models must be 18+, and you must abide by all laws within the USA AND your country if different from USA.
Demo Accounts
Due to the potential of a security breach, or malicious activity aimed at our network, control panel demo accounts are not allowed. We recommend using the control panel demo links found at our website.
Use of our service by minors
Persons under the age of eighteen (18) must have permission from their parent/guardian to use our services. By signing up for our service, you agree that you are over the age of eighteen, OR your parent/guardian has permitted you to do so and has read and agreed to the TOS, and has accepted responsibility for any actions you may take as a minor under their custody.
3. Security
By using our services you agree to adopt adequate security measures to prevent or minimize unauthorized use of your account. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
Subscribers will be held responsible for any activity by third parties using their accounts in a way that violates the TOS. You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account.
Subscribers who are resellers are responsible for enforcing the TOS to all of their clients. If their clients are found to be violating the TOS, we will suspend and or/terminate the offending site and let the reseller know. It is advisable that you adopt similar or stricter policies than ours. Our Subscribers may use and/or modify a copy of our TOS for use on their website(s).
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
We HIGHLY RECOMMEND the subscriber to download and use Roboform.com to generate new passwords and keep track of existing passwords.
4. Network Performance
By using our service you agree to abide by this policy. Our services operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of our systems or networks. This may include certain scripts or forums that put excessive use on the SQL server in a way which degrades performance for other users. We reserve the right to terminate or limit such activities. Additionally, if your account(s) becomes the target of denial-of-service (DOS or DDOS) or other malicious attacks against the server, we reserve the right to suspend or terminate your service.
No shared hosting customer may consume more than 10% of system resources at any time. If an account is in violation of this policy, depending on the severity of the abuse, either a warning message will be sent, or the account will be suspended immediately and a notification message sent. Corrective action to must be taken to have the account unsuspended or the account must upgrade to a Dedicated Hosting Solution.
5. Payment Information
Payment Policy
Accounts in violation of our Terms and Conditions will be suspended with notice. These accounts can be cancelled if the violation remains in effect and a refund will not be drawn if the account is still within the first 45 days of activation.
We reserve the right to refuse service to any person at anytime for any reason. We further reserve the right to cancel any established hosting account without cause or notice by providing a full refund for all Services paid in advance. The Customer acknowledges that we are not responsible for any damages or data loss that you may incur as a result of our refusal of service or account cancellation.
Customers may cancel at any time by submitting a cancellation request to our billing department. All refund and cancellation requests must be through the above method. We reserve the right not to comply with verbal cancellation requests.
Money Back Guarantee Policy
You have a 45 day money back guarantee on managed shared hosting, reseller hosting and semi-dedicated hosting from the date of account creation. There are no refunds on dedicated servers, virtual private servers, administrative fees or install fees for custom software and applications.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Domain Name Registrations are non-refundable and non-changeable.
There are no refunds for pre-funding an account.
A subscriber of our Reseller Hosting will not be eligible for a refund if a request for an Available Reseller template is submitted due to the potential to pirate our available Reseller Templates.
6. Chargebacks and Disputes
Credit Card Chargebacks
XcaHost takes fraudulent chargebacks very seriously. Should you fraudulently charge back your credit card or file any bank reversal through any payment gateway we will automatically charge you a $50 processing fee plus the maximum amount of damages allowed by law. Furthermore, we will dispute the chargeback with supporting documentation and report the fraudulent chargeback to law enforcement authorities and related financial agencies.
Should we be unable to collect this fee we may report your account to a collection agency to collect it for us.
Customers who prematurely issue a chargeback for order cancellation, refund, etc. without working through us are also liable for chargeback fees. Failure to reverse a premature chargeback will result in us turning the account over to collections including a $50 chargeback fee and applicable collection fees and fines as allowed by law.
A chargeback should be the last line of customer protection used in obviously fraudulent situations. Quickly posting a chargeback or threatening to post a chargeback against us for situations out of our control - could be a costly decision if used frivolously - and because of our business ethics and customer care programs - should never be necessary. Always work with us on issues - we are more than happy to help as possible.
PayPal Complaints and Subscriptions
Any fallacious PayPal Complaint against us, without attempting to resolve your issue with us first, will result in automatic suspension and possible termination of account without notice. Failure to close a PayPal complaint will result in us turning the account over to collections including a $50 administrative fee and applicable collection fees and fines as allowed by law.
If a PayPal Subscription is not canceled after a cancellation request has been submitted, we will refund the first payment made after the cancellation request with a notice to cancel the PayPal Subscription. If our request for cancellation of the PayPal Subscription is not completed, we will charge 20% of what is refunded as an administrative fee for any other payments made to us after the cancellation request.
Service Rates
The amount paid by the existing subscriber for hosting will never increase from the date of purchase. We reserve the right to change prices listed on XcaHost.com, and the right to increase the amount of resources given to plans at any time.
7. General Operations
Service Uptime
XcaHost offers a 99.9% Uptime Guarantee. That means your web site is guaranteed operational 99.9% of the time in any calendar month. XcaHost's guarantee of 99.9% service uptime allows for 45 minutes of (HTTP) service outage per month as defined here. If any server has more then 45 minutes of downtime then you will receive 1-Month Free Web Hosting added to your account.
XcaHost will not be held responsible for Service Outages resulting from non-XcaHost.com-owned equipment including, but not limited to, Internet NAP failures, DOS Attacks or congestion and backbone failures. Additionally, XcaHost.com will not be held responsible for delays in the registration or transfer of a domain due to InterNIC-related issues, for outages resulting from malfunctioning customer scripts or applications that are installed by the customer, or for unusual traffic spikes or "denial of service" attacks on customer web sites.
Free month hosting will be only added upon request by the customer and upon determination that a service outage, as defined by this guarantee, has occurred. To claim your free month of hosting, you will need to submit a request to our billing department the first few days of the following month that the service outage occurred
Support Boundaries
We provide technical support to our subscribers. We limit our technical support to our areas of expertise which includes all hardware and software provided by us. We provide support related to your account or virtual site’s physical functionality. We do not offer tech support for application specific issues such as cgi programming, html, or any other such issue. We do not provide technical support for your customers, unless an outsourced support subscription has been purchased. We provide a variety of support information and options to our Subscribers. These support options can be found on the service page of our website.
Abuse of Our Staff or Network Staff
Abuse towards our staff or our network staff will not be tolerated. If you use foul language, threaten us, or do anything we find offensive, we may suspend and/or delete your account. Per our payment policy we offer no refunds.
Bandwidth and Disk Usage
Subscriber agrees that bandwidth and disk usage shall not exceed the quota for the services ordered by Subscriber on the order form (the "Agreed Usage"). We will monitor Subscriber's bandwidth and disk usage. We have the right to take corrective action if Subscriber's bandwidth or disk usage exceeds the Agreed Usage in our sole discretion. Such corrective action may include the assessment of additional charges, or disconnection or discontinuance of the service. If we take any corrective action under this section, Subscriber shall not be entitled to a refund of any fees paid in advance prior to such action.
8. Dedicated Servers and Virtual Private Servers
Dedicated Servers
XcaHost reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. XcaHost reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@XcaHost.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
Security
The subscriber is solely responsible for any security breaches affecting servers or accounts under your control. If your server is responsible for or involved in an attack on or unauthorized access into another server or system, XcaHost will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting XcaHost or any of its other customers.
Charges
You will pay all charges for your use of the Services at the then current XcaHost prices. You are responsible for paying all federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to the Services, other than taxes based on XcaHost's net income. You will pay $.30/GB for every gigabyte used over the bandwidth allotment during your 30 day billing cycle.
This Agreement will be for an " Term " of 1 month from the date the Services are first provided by XcaHost. This Agreement will be automatically renewed (the " Renewal Term ") at the end of the Initial Term or any Renewal Term for a period of seven (7) days unless you provide XcaHost with written notice of termination at least 7 days before the end of the Initial Term or Renewal Term, whichever is then applicable. To schedule your account for cancellation, please submit a ticket to our billing department. This will ensure that your account is processed for cancellation and we will send you an email in regards to the full details of your request as well as the offline date of your server. We cannot be held responsible for continued invoicing if the above method is not followed.
Refund and Disputes. All payments to XcaHost for dedicated servers are non-refundable. This includes any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in XcaHost's sole discretion is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay XcaHost an "Administration Fee" of $100.00 and any applicable collection fees and fines as allowed by law.
Virtual Private Servers
Our Virtual Private Server solutions are NOT backed up and it is the responsibility of the client to maintain backups.
We will not be held responsible for any data loss.
9. Violation Procedures
We are under no duty to look at each Subscriber's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.
First violation
Any Subscriber, which we determine to have violated any element of the TOS, shall receive an email, warning them of the violation. The service may be subject at our discretion to a temporary suspension pending a Subscriber's agreement in writing, to refrain from any further violations.
Second Violation
Subscribers that we determine to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
Suspension of Service or Cancellation
We reserve the right to suspend network access to any Subscriber if in the judgment of the network administrators the customer's account is the source or target of the violation of the TOS or for any other reason which we choose. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is completed. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity.
10. Miscellaneous Provisions
Indemnification
In agreeing to the TOS, Subscriber indemnifies us for any violation of the TOS that results in loss to us or the bringing of any claim against us by any third-party. This means that if we are sued because of a Subscriber's or a customer of a Subscriber's activity, the Subscriber will pay any damages awarded against us, plus all costs and attorney's fees.
Contact Information
You must provide us with, and keep current, good contact information for yourself including an E-mail address and telephone number. If we fail to communicate any information to you due to a non-current, inoperative, or incorrect email address you are still responsible and accountable for any such information we attempted to communicate.
Pre-mature Written Feedback
Posting negative feedback on any public forum about our company and/or our employees before submitting a ticket to our Billing Department to discuss your issue will result in immediate account termination without any refund. Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional to do so without first trying to address the issue with us. We have the utmost respect for all of our clients and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is that you discuss your issue with our Billing Department first. Therefore, if you are the type of person to run to the forums at the first chance you get to complain, please do not sign up with us.
Waiver
A waiver by the Company of any breach of any provision of the TOS by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Assignment
Subscriber shall not transfer or assign the TOS without the prior written consent of the Company. Company may assign the TOS at anytime without consent from or notice to Subscriber. Company reserves the right to cancel Subscriber’s rights under this contract at any time without further obligation.
3rd Party Disclaimer
We take no responsibility for any material input by others and not posted to our website by us. We are not responsible for the content of any other websites linked to us; links are provided as Internet navigation tools only. We disclaim any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Disclaimer of warranties: We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. We deny any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us.
3rd Party Software and Services
We may provide you access to third party software and/or services ("Third Party Products ") through reseller relationships we have established with certain commercial vendors. Subscriber understands that product support for Third Party Products is provided by us and not by the Third Party Vendor, unless otherwise notified. Neither us nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Subscriber expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from us or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither us nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Subscriber agrees to observe the terms of any license and/or applicable end-user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and us with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements. Subscriber agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Third Party Products or that appear during the use of Third Party Products. Subscriber further agrees not to reverse engineer, decompile, or disassemble the Third Party Products.
Revisions to the TOS
We reserve the right to revise, amend, or modify the TOS at any time and in any manner without notice. In such case the amended or revised TOS will be posted to our website. Subscriber understands that changes to the TOS shall not be grounds for early contract termination or non-payment |
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Terms & Conditions