XcellHost ("xcellhost.cloud"), is a Web Presence Provider. The purpose of this Service Agreement / Service Contract "the Agreement", "AUP" "Service Contract", "Terms of Service" is to specify the terms, conditions, and obligations which a customer agrees to accept by his, her or its conduct of using the services of xcellhost for the registration and renewal of the registration of a domain name, or by opening an account for any of the entire range of services available with www.xcellhost.cloud for such purpose.
As used in this Agreement, the following terms have the following meanings: a: "you" ,"your", customer and "Subscriber" refer to each customer, that is, each person who avails or subscribes for any of Services from XcellHost. or www.xcellhost.cloud b: "Services" refer to the domain services, shared hosting services, dedicated servers, or any other products/services provided by us as offered through xcellhost.cloud. c: "Account" means a wholesale account opened with xcellhost for the registration of product /services the payment for such registrations and any other products/services; and
2 The Agreement:
This Agreement explains our obligations to you, and explains your obligations to us, for various Services. By using our Services, you have agreed to establish an account with us for such Services. When you use your account, or permit someone else to use it for any purpose whatsoever (whether or not we are notified of your having given authorization to such third party to use your account), this Agreement covers such use and the service sought or rendered. By opening an account with xcellhost.cloud or by using any Services under this Agreement, you acknowledge that you have read, and you agree to be bound by all terms and conditions of this Agreement, and any pertinent rules or policies that are or may be published by us. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on XcellHost's servers or register for our products/services.
XcellHost Acceptable Use Policy ("AUP") is given hereunder to give our customers and users a clear understanding of what XcellHost expects of them while using the services. All users of XcellHost services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of XcellHost Service constitutes acceptance and agreement to these XcellHost AUP as well as XcellHost TOS (Terms of Service).
IMPORTANT NOTICE: *All Payments to XcellHost Are Non-Refundable*
We support the uncensored 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 web site, 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 (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. XcellHost may cooperate with legal/administrative authorities in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your XcellHost account or other appropriate actions WITHOUT PRIOR NOTICE.
The key objectives behind the establishment and enforcement of XcellHost AUP are:
XcellHost intends to provide its customers access to everything the Internet has to offer. While XcellHost is firmly committed to the principles of freedom of speech and expression, certain activities that may be damaging to the resources of both XcellHost and the Internet and any activity that violates any law cannot be permitted under the guise of freedom of speech and expression.
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 detect any inappropriate/illegal use of our service/products/network.
You may not use your virtual site or server to publish material, which XcellHost determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including graphics (including illustrations, images, photographs, logos, drawings,), narrative descriptions, executable programs, video recordings, and audio recordings.
If a XcellHost account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without any notice whatsoever. We prefer to advise/warn customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy at any point of time, for whatever reason, shall not be construed as a waiver of our rights to do so at any time.
As a member of our network community, you must use your Internet access responsibly and within the legal provisions. If you have any questions regarding this policy, please contact us at firstname.lastname@example.org.
The following constitute violations of this AUP:
Services may not be used for unlawful purposes, or in support of illegal activities. XcellHost reserves the right to cooperate with legal authorities or authorized administrative bodies in the investigation of any suspected civil wrongdoing or crime and in such situation may share the information available with XcellHost with the law enforcement agencies without any notice to you.
Harm to minors:
Use of XcellHost service to harm or attempt to harm minors in any way, including, but not limited to pedophilic cases and child pornography. Any account found to host child pornography or linking to the same will be removed from our network immediately without prior notice whatsoever. Upon a second violation, the account will be immediately terminated without notice. Severe cases can result in immediate termination. Any implication of underage child content or misleading information perceived to be child pornography will result in the same penalties. All violations will be reported to the proper law enforcement agency without any notice to you. Any account discovered to host "Lolita" type content or linking to the same will be given one hour to remove the offending content/domainfailing which we shall remove it immediately.
Use of XcellHost service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses anotherperson is not permitted and,as soon as it's brought into our notice or we acquire knowledge about it, shall liable to be terminated with immediate effect without any notice.
Use of XcellHost service to make fraudulent offers to buy or sell items, or services, or to advance any type of financial scam such as "Ponzi schemes," "chain letters" and "pyramid schemes" is not permitted and, as soon as brought into our notice or we acquire knowledge about it, shall liable to be terminated with immediate effect without any notice. .
Use of XcellHost service to transmit any material (by e-mail, posting uploading or otherwise) that threatens or encourages bodily harm and/or destruction of propertyis not permitted and, as soon as brought into our notice or we acquire knowledge about it, shall liable to be terminated with immediate effect without any notice.
Forgery or impersonation:
Adding, removing or modifying identifying network header information in an effort to mislead or deceive is prohibited. Attempting to impersonate somebody by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / unsolicited bulk e-mail (SPAM):
Our servers may not be the intermediary, source, or destination address involved in the transmission of spam, mail bombs or flames. Your domain may not be referenced as reply-to address, originator, intermediary, or 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. Any mass unsolicited message in the mediums of Newsgroups and Email would be considered spam by us. You shall not use your account for any bulk-mailing carried out for a third party including and not limited to another domain off our network. If you are found to have spammed, then we shall immediately, without warning, disable your account. Additionally we will impose a $250 penalty for each spam policy violation. Penalty for subsequent violations will be higher. We reserve the right to cancel or refuse service to known spammers. Lastly, we reserve the ultimate right to determine what violates this policy.
On shared hosting, we allow 25 mails within 5 minutes including (to, cc, bcc) and it is for per domain. And you will have to use SMTP Authentication to send mail from your website.
BEGINNING WITH IMMEDIATE EFFECT, any website that supports spammers or cause any of our IP space to be listed in any of the various Spam Databases shall have their account immediately removed from our network. The account will not be reactivated until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in permanent and immediate removal of the server from our network without any notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without noticeand XcellHost may at its discretion initiate legal action against spamming.
E-mail / News Bombing:
Malicious intent to block another person's use of e-mail services or news will result in the immediate termination of the offending XcellHost account E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, passing or originating through XcellHost service shall be considered as violation of this AUP.
XcellHost has a zero tolerance policy for the use of its network for the posting of messages/commercial advertisements, which violate the regulations, rules, FAQs 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.
Use of XcellHost service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of XcellHost's or another entity's computer hardware or software, telecommunications system or electronic communications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is liable to immediate terminationand may also be subject to legal action against such unauthorized access.
Copyright or trademark infringement:
Use of XcellHost service to transmit any material (by e-mail, posting, uploading, hot linking, directly linking or otherwise) that infringes any trademark, copyright trade secret, patent, 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 books, magazines, or other copyrighted sources, and the unauthorized transmission of copyrighted software will be considered a trademark or copyright infringementand shall be subject to strict legal action.
Collection of personal data:
Use of XcellHost service to collect, or endeavor to collect, personal information about third parties without their knowledge or consent is violation of this Acceptable usage policy.
Network disruptions and unfriendly activity:
Use of XcellHost service for any activity which affects the ability of other people or systems to use XcellHost services or the Internet is not allowed to customers. 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. It is the customer's responsibility to ensure that their network is configured in a secure manner. A customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. XcellHost will not tolerate any customer 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.
Net Send Spam:
The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of serviceand initiation of legal action.
Wrongful or criminal deception intended to result in financial or personal gain and that also Involves intentional misrepresentation or misleading statement,intended to deceive another so that the individual will act upon it to her or his legal injury. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses:
Intentional distributions of software that attempts to and/or causes damage, annoyance or harassment, to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Third Party Accountability:
XcellHost subscribers will be held accountable and liable for any activity by third parties, using their account that violates guidelines created within this Acceptable Use Policy.
Violation of XcellHost Virtual Accounts:
It is absolutely forbidden in every way to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without any refund whatsoever.
Hosting an IRC server is absolutely forbidden either inpart of or connected to another IRC network or server. Servers found to be connecting to or part of these IRC networks will be immediately removed from our network without any prior notice. The server will not be reconnected to the network until such time that you agree to fully remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
Domains Chargeback Resolution:
If the fee or payment for a domain or set of domains is charged back, XcellHost has the right to take control of the domain or set of domains that was paid for by the disputed charge. XcellHost will change the domain account information as needed to take control of the domain or set of domains. The user is not guaranteed to be contacted in the event that a chargeback is received.
Peer to Peer Software (File Sharing):
The use of Peer to Peer or file sharing software to permit the copying, sharing or distribution of unauthorized copyrighted material on XcellHost service is totally prohibited. Use of such software could result in suspension of service.
Processes invoked by the web server, cron, shell or any other method should not exceed the following limitations:
Files and Directories
The total number of inodes in an account may not exceed 75,000. Every file (a webpage, image, email, PHP file, directory, etc.) on your account uses up one (1) inode. This is not something we actively enforce and it will only become an issue if a client is causing problems for other people on the server. We will of course notify you if this is the case with a full explanation.
A directory cannot contain more than 2,500 immediate child files. This includes subdirectories themselves, but does not include files contained within those directories.
Simultaneous IIS/Apache connections may not exceed 50 from one individual source at any given time. Web processes should not fork or spawn sub processes.
Email and Mailing Lists
Files in excess of 10 MB should not be sent via email. Processes should not send outbound mail to more than 25 recipients at any given time - 25 Emails/5min. POP connections are limited to 60 per hour. SMTP connections (outbound email connections) are limited to 500 per hour per server account. Mailing lists larger than 1,500 will require a semi dedicated, VPS, or dedicated server from us. Dividing one list into smaller parts to get around this limit is not allowed. Any mailing list over 900 emails is only allowed in off peak times such as Saturday and Sunday or from 1am to 8am ET during the week. Any mailing list must be throttled so that it sends an email every 6 seconds at the very minimum. If the mailing list software you are using doesn't support throttling you must use something else. We do this as this keeps the server load from going very high and causing problems for other users. If you don't do this you will be suspended. We do not allow you to send to a mailing list you were given or that you bought. This is spamming and we have zero tolerance for this. No Direct SMTP mailing system scripts are permitted. Mail should be relayed through the local MTA.
All cron jobs must be 'niced' to 15 or greater (see the Unixmanpage for "nice" for more information). A cron job should not execute more frequently than once every 15 minutes.
XcellHost is although having plenty of available system resources but to avoid too much consumption of resources by any single user, XcellHost has placed limits on the amount of a server's resources that any given user may consume and the same shall be applicable to you as well. While these are limits, server abuse is not limited to these policies and is up to XcellHost's discretion to what constitutes server abuse.
On certain web hosting plans, XcellHost does not place limits on the amount of particular resources a single client may use. XcellHost makes every reasonable effort to provide clients with the disk space and bandwidth resources needed for their websites within the limitations of these Terms of Service. XcellHost monitors all servers via automated and non-automated methods to help ensure no single client adversely impacts other clients located on the same server.Please note that shared hosting plans are for website hosting, and the storage of backups, file repositories, MP3s, videos, photo archives, and similar is strictly prohibited. Violators of this policy may have their accounts terminated without refund.
It is made clear that in case of VIP hosting you shall be allowed to consume up to a maximum 8% of CPU usages, can send 1000 mails per hour per domain and 100 mails within 5 minutes including all cc, bcc and to.
In similar manner maximum 4% CPU resources can be consume in case of shared hosting and XcellHost shall allow only 500 MB mail box size , 5 GB as total mail box size per domain. It is further clarified that in case of shared hosting, maximum 250 mails can be sent per domain with total recipients 25 while mailing 25 mails per 5 min.
Pharmacy Sites' Restriction
Please note that we do not host pharmacy sites on our servers. If it is brought to our notice by a complainant or if it is discovered that you are using our services to run a pharmacy business, then the reported site will be suspended with immediate effect and no refunds will be made in such a case. As a convenience to the client, and not as a binding commitment, we may inform the client and the complainant about the suspension of the site and reason for the same.
No server logs can be provided for the shared hosting account.
Reselling is not allowed on Shared hosting plans. If reselling is desired, a reseller plan must be purchased. All the domains for a particular shared hosting account need to have single ownership. XcellHost holds the full right to suspend/terminate the shared hosting accounts that have domains with multiple ownerships.
Pornography is strictly prohibited. Nudity, adult-oriented e-commerce stores, and similar are allowed if the content is legal in the India. XcellHost.com will be the sole arbiter as to what constitutes a violation of this provision.
If the client had opted for server management services from XcellHost, then XcellHost has an authority to curtail the root access of the server for the client. In case, client demands for root access in order to upload any applications or tamper with the server then XcellHost shallnot be responsible for any mis-happenings/server failure. The client will be solely responsible for the mis-happenings and XcellHost will not be liable for any support in order to restore the server to its previous state. XcellHost Support team may ask for the appropriate amount, to be paid by client, in order to restore the server (only if the backup is available).
Third party script installation is at client's own risk. XcellHost will not be responsible for any data loss/ security issues that occur due to the third-party software that clients install at their end or get them installed by XcellHost team.
XcellHost will not entertain reseller's clients' queries.
All terms and conditions for WordPress and SSD hosting remain the same as Linux shared hosting services. In addition to them, in WordPress hosting, there's a sending limit of upto 1000/hour and mail box size is of 2 GB.
Your use of the Products is subject to the Microsoft Exchange Online Limits, which are hereby incorporated by reference, for the applicable Product you purchase, including but not limited to terms therein governing privacy and the handling of your data. Orders can be placed for monthly, quarterly, six months, 1 yr, 2 yrs, 3 yrs, 4 yrs and 5 yrs billing cycles. Customer can upgrade to higher plan at a nominal cost. Also, email quantity can also be increased any time before due date at a nominal cost.
Money back guarantee and refund is not applicable for Office365.
Your use of this product will be subject to our governing policies regarding privacy and handling of your data. Orders can be placed on per user per month basis. Customers can upgrade to higher plans at a nominal cost. Also, the number of emails that a customer can send also can be increased any time before due date, at a nominal cost.
Money back guarantee and refund is not applicable on Google Apps on any period of unused billing cycle if client discontinues prior to billing cycle or due to any reason whatsoever.
All terms and conditions for fully managed server in the Cloud remains same as the terms and conditions of VPS hosting. Orders can be placed for monthly, quarterly, six months, 1 yr, 2 yrs, 3 yrs, 4 yrs and 5 yrs billing cycles. Customer can upgrade to higher plans by paying a nominal amount. Money back guarantee and refund is not applicable for Cloud Servers.
All XcellHost's virtual servers/cloud servers are configured with dynamic memory. The reason behind using it is that dynamic memory's run-time configuration changes can reduce downtime and provide increased agility to respond to requirement changes.
E.g.: Let's say a tenant had 60GB of memory in his virtual machine (VM) in the beginning, but with booming business, he quickly reached that limit and so, now he needs more memory in his VM. He can afford to double the memory in his VM, but can't afford to take his workload offline. Here, dynamic memory helps him to get the desired memory increase without suffering downtime.
Terms & Conditions for Public Cloud can be read here.
Orders are accepted for 1 year only. A single SiteLock order can be used for only a single domain name.
If customer wants to cover multiple domains he/she needs to buy SiteLock order for each domain.
Money back guarantee and refund is not applicable on SiteLock.
Orders are accepted for 1 year only. Money back guarantee can be availed by the only within 25 days of placing the order. Refund is not applicable for Easy Website Builder.
The Service Level Guarantee shall not apply to the following performance issues:
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a family member, guest, friend, or your employee. Therefore, you must take proper steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or try to gain unauthorized access to another network or server.
Your password grants access to your account. It is your responsibility to keep your passwordsafe and secure. Sharing your account access and passwords with unauthorized users is not advisable. You should not allowothers to access your account since you shallbe held responsible for such use or activity of your account.
You must adopt adequate security measures to prevent unauthorized use of your account.
Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
You may not attempt to circumvent user authentication or security of any host, account or network. 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, however are not limited to cracking tools, password guessing programs or network probing tools.
You may not attempt to interfere with service to any host, user or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, attempts to "crash" a host and deliberate attempts to overload a service.
Users who violate network or systems security may incur civil or criminal civil liability. XcellHost will cooperate fully with investigations of violations of network or system security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violationseven without any prior intimation.
XcellHost accounts operate on shared resources. Excessive use/abuse of these shared network resources by one customer may have a negative impact on all other subscribers or 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.
Basic and Standard Customer agrees that he/she shall not use more than 5% of CPU processing and / or more than 50 Mb of RAM on any of XcellHost' sshared hosting servers. Also Unlimited Customer agrees that he/she shall not use more than 7% of CPU processing and /or more than 100 Mb of RAM on any of XcellHost' sshared hosting servers. Any violation of this policy may result in corrective action by XcellHost, in its sole reasonable discretion, including assessment of additional standard charges, disconnection or discontinuance of any and all services, or termination of this service.
You are prohibited from excessive consumption of resources, including CPU time, disk space, memory, and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of XcellHost systems or networks. XcellHost reserves the right to terminate or limit such activities.
Your use of the service is purely at your sole risk. XcellHost is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on XcellHost servers, unless otherwise specified depending on the account type.
XcellHost performs nightly backups (3 times in a week for website/mail; daily for database) of shared and reseller servers; however, these backups are for XcellHost's administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. XcellHost does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on XcellHost's part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. It is your responsibility to take back up of your site at your personal computer. We make no guarantees about the availability of backups.
It is client's responsibility to change the nameservers. The propagation time for changes to reflect would be 48-72 hours and it can even exceed due to registry problems, ISP issues or technical factors whatsoever. The company in all such cases cannot and shall not be held liable for changing of nameservers or any delay associated with it. No complaint tickets in this regard shall be entertained also.
All genuine and valid password reset requests from owners originating from member control panel shall be processed and completed. In case of any disputes, the FTP log and other system specific details shall be made available to concerned government authorities, if a proper request is received from concerned authority. The company can change its hosted servers at any time as per its necessary technical requirements and shall not be liable to update clients about such steps. Nor shall the company be under any obligation to notify clients about any technical emergency or server downtimes.
Our SLA agreement of 99.9% uptime is applicable only to network availability and it does not take into account elements like emergency downtimes and hardware failure.
You agree that you as the person legally responsible for use of this account has attained 18 years of age. You agree to supply XcellHost with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate and take legal action against any possible fraudulent credit card use.
XcellHost reserves the right to refuse or discontinue service to anyone at XcellHost's sole discretion after giving a notice of 15 days. XcellHost may deny you access to all or part of the service without notice if you engage in any conduct or activities that XcellHost in its sole discretion believes violates any of the terms and conditions in this agreement. XcellHost shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.
XcellHost makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by XcellHost or its employees shall create a warranty. XcellHost provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall XcellHost be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with XcellHost's service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on XcellHost's servers, such information becomes available to all Internet users and that XcellHost has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of XcellHost servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through XcellHost or on the Internet generally.
This Domain Name's Change of Registrant Agreement ("Agreement") is by and between www.xcellhost.cloud ("XcellHost") a Jaipur-based company and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This agreement sets forth the terms and conditions of your use of XcellHost's Change of Registration and represents the entire agreement between you and XcellHost. This Agreement sets forth the terms and conditions of transferring a registered domain name from the current Registrant ("Current Registrant") to the new registrant ("New Registrant"). By participating in this transaction, you acknowledge that you have read, understood and agree to be bound by all the terms and conditions of this agreement, including our dispute policy below along with any new, additional or different terms, policies or conditions, including the Terms of Service which XcellHost may establish from time to time.
In addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as your agent, and transactions entered into by anyone who uses the account you've established with XcellHost, whether or not the transactions were in your behalf.
You acknowledge that XcellHost or its licensor is a registrar bound by an agreement between XcellHost or its licensor and the ICANN. You agree that XcellHost or its licensor may modify such agreement in order to comply with applicable law and the terms and conditions set forth by the ICANN and/or the Registry Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time by XcellHost or its licensor.
1. XcellHost's role in this transaction
The Current Registrant and The New Registrant both agree that they are entering into this Agreement of their own free will. The Current Registrant and the New Registrant acknowledge and agree XcellHost's sole role in connection with this Agreement is as processor of the transfer of the registration for the Domain Name and XcellHost's only responsibility under this Agreement will be to process the electronic transfer of the registration for the Domain Name.
The Current Registrant and New Registrant assume full responsibility for the legal validity of the transfer of the Domain Name. Once the Current Registrant initiates the Change of Registrant Request, XcellHost will send a confirmation email to the New Registrant. You acknowledge and agree the New Registrant must log into its account and confirm the terms of the domain name change within ten (10) days of receipt of this email. In the event the New Registrant fails to confirm the change within such ten (10) day period, you acknowledge and agree the transfer will not occur and both the transaction ID and the security code for the transfer shall expire, requiring the Current Registrant to begin the processafresh.
Upon completion of the Change of Registrant of the Domain Name, XcellHost will send an email to the Current Registrant confirming the change of Registrant contemplated by this Agreement. If the Current Registrant has any objection to the change of Registrant whatsoever, the Current Registrant assumes all responsibility for responding to such email and notifying XcellHost of any objection within fifteen (15) calendar days. The Current Registrant agrees to release, indemnify and hold XcellHost harmless for any issues that arise as a result of an improper change of Registrant, whether intentionally or unintentionally initiated, whether by the Current Registrant or others acting on its behalf. The domain name may not be transferred to another registrar within sixty (60) days of the completion of the change of Registrant transaction (the "Transfer Prohibition Period"). In the event the domain name is subject to another change of Registrant within the Transfer Prohibition Period, the 60-day Transfer Prohibition Period will begin again upon completion of the subsequent change of Registrant transaction.
2. Legal agreements
Current Registrant acknowledges entering into a Domain Name Registration Agreement (hereinafter referred to as "Registration Agreement") with XcellHost. The Current Registrant releases and discharges XcellHost from any and all obligations and liabilities to it under the Registration Agreement. Current Registrant acknowledges that there's no due refund of any fees previously paid to XcellHost under the Registration Agreement nor is he entitled to receive any other fees or funds previously paid to XcellHost. The New Registrant agrees to be bound by the agreements governing all domain names registered through XcellHost as found here, including the Domain Name Registration Agreement; the Uniform Domain Name Dispute Resolution Policy; this Agreement; and XcellHost's policies and procedures as posted on its web site. The New Registrant hereby agrees that all rights and liabilities of Current Registrant under the Registration Agreement are hereby transferred and assigned to New Registrant.
3. Representations and warranties of current registrant and new registrant
The individuals who electronically execute this Agreement on behalf of the Current Registrant and the New Registrant hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement on behalf of the entities and/or the persons for which they sign below, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement.
4. Successors and assigns
This Agreement and all of its terms shall be binding upon and inure to the benefit of the Current Registrant, the New Registrant and their successors, assigns, principals, agents and employees and XcellHost. There are no third-party beneficiaries of this Agreement.
5. Provisions specific to .In registrations
You, the Registrant, shall indemnify and hold harmless .IN Registry, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant's (i) .IN domain name registration and (ii) use of any .IN registered domain name. The New Registrant certifies that it meets the following Nexus Requirements to qualify to register to use domain name.
A. Registrants must be either:
1. A natural person (i) who is an Indian citizen, (ii) who is a permanent resident of the India or any of its possessions or territories, or (ii) whose primary place of domicile is in the India or any other nation or,
2. A foreign entity or organization that has a bonafide presence in India or any of its possession or territories that also (i) regularly engages in lawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in India, or (ii) maintains an office or other property within India.
B. The name servers listed for all .IN domain names must be based within the India or any of its possessions or territories.
The New Registrant further certifies that XcellHost has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willingly volunteered such information. The New Registrant understands and agrees that such information will be verified and will be shared with the .In Registry.
The New Registrant understands and agrees that if such information cannot be verified, or if the New Registrant fails to continue to abide by the Nexus Requirements, the registered Domain Name shall be subject to immediate cancellation.
6. XcellHost has no liability to new registrant for validity of transfer
The New Registrant assumes full and complete responsibility for and agrees XcellHost shall have no liability for:
Any and all situations existing prior to this Agreement or that may arise which cause the transfer of registration of the Domain Name to New Registrant to either be delayed or not to take place.
The validity and/or enforceability of New Registrant's entitlement to the registration of Domain Name when the transfer is consummated.
7. Limitation of XcellHost's liability
In addition to the limitation of liability provided in the terms of service agreement, both the current registrant and the new registrant agree that XcellHost shall not be liable under any circumstance for (a) suspension, loss, or modification of the domain name registration, regardless of the actions of any party to this agreement, (b) use of the domain name registration, or the inability to use or benefit from the domain name registration, by any party to this agreement, (c) interruption of business of either the new or current registrant, (d) access delays or interruptions of access to XcellHost's website or to any other websites, (e) the non-delivery, mis-delivery, corruption, destruction or other modification of data, (f) the processing of this application or any other application for service or request for service from XcellHost, or (g) application of any dispute policy or the policies and procedures as adopted by ICANN, it's successors or any other regulatory body.
This Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at dispute policy, and the selected administrative-dispute-resolution service provider's supplemental rules.
2. Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory administrative proceeding in all such cases
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a "Provider").
a. Applicable Disputes.
You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, thatyour domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and you have no rights or legitimate interests in respect of the domain name; and your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three (3) elements are present.
b. Evidence of Registration and Use in Bad Faith.
For the purposes of Paragraph 4, the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith: circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name;
You have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct;
You have registered the domain name primarily for the purpose of disrupting the business of a competitor;
By using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint.
When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4.
before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services;
You (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights;
You are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
d. Selection of Provider.
The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel.
The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative Proceedings.
We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
j. Notification and Publication.
The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court Proceedings.
The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision.
We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
5. All other disputes and litigation
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
6. Our involvement in disputes
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the status quo
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers during a dispute
Transfer of a Domain Name to a New Holder
You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subjected to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
9. Policy modifications
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at this location at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
This agreement supersedes any written, electronic, or oral communication you may have had with XcellHost or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
XcellHost reserves the right to amend, revise or modify this Acceptable Use Policy, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
XcellHost.com ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of XcellHost Service constitutes acceptance and agreement to XcellHost's AUP as well as XcellHost's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of XcellHost.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber/customer understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Being the user of XcellHost services, you agree and affirm that you shall not use, display, upload, modify, publish, transmit, update, share or store any information that:
(a) belongs to another person;
(b) Is harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene, pornographic, paedophilic, libellous, invasive of third parties privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harms minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) discloses sensitive personal information of other person or to which the user does not have any right to;
(g) causes annoyance or inconvenience or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(h) impersonates another person;
(i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(j) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
Being the user of XcellHost's services, you agree and affirm that you shall not host or publish or edit or store any information or shall not initiate the transmission, select the receiver of transmission, and select or modify the information contained herein above on XcellHost servers else it will treated as violation of XcellHost's AUP and the services are liable to be suspended/terminated without refundand the XcellHost may initiate legal action against you for any such violation.
XcellHost upon obtaining actual knowledge by itself or been brought to knowledge by an authority mandated under the law for the time being in force in writing or through email signed with electronic signature about any such information as mentioned herein above, shall act expeditiously to work with user or owner of such information to remove access to such information that is claimed to be infringing or to be the subject of infringing activity.
XcellHost shall provide information, without any prior intimation, to government agencies who are lawfully authorized for investigative, protective, cyber security or intelligence activity. The information shall be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidents and punishment of offences under any law for the time being in force, on a written request of such government agency seeking such information.
XcellHost shall not deploy or install or modify the technological measures or become party to any such act which may change or has the potential to change the normal course of operation of the computer resource than what it is supposed to perform thereby circumventing any law for the time being in force.
This Agreement shall be construed in all respects in accordance with the laws of the Republic of India.
Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, customer/Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, history, account use, etc. to any law enforcement agencywho makes a proper written request without consent or notification to the customer/Subscriber. In addition XcellHost shall have the right to terminate all services set forth in this Agreement.
Customer/Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to customer/ Subscriber. Customer/Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt of payment of applicable charges by the Company. Subsequent payments are due on the anniversary date of the month for that month's service or, on the annual renewal date in case of services purchased annually.
Payments are accepted only in the form of crossed Demand Drafts, Cheques, Credit Cards or any other payment option communicated by company. Charges for all services are payable prior to the beginning of each service period. Failure to pay in no way relieves the customer from obligations to make full payment.
XcellHost retains full rights to charge for or alter specifications or discontinue any of the services/ features offered under the various schemes at any time, without any prior notice.
It shall be our endeavor to set-up the server within 3 working days of the receipt of completed form along with the payment (realization). If however, there is a delay due to any unforeseen circumstances, the customers are requested to kindly bear with us. Additional or customized services are available at extra cost as applicable and mentioned in the hosting scheme.
You accept that your account may be temporarily or permanently suspended without any prior notice or information to you in any event of non-payment from your side for any of XcellHost's services.
Payments and Fees:
Cheques and Drafts returned for any reason are subject to returned item charge. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment may be subject to a reconnect charge fixed at the sole discretion of XcellHost. Accounts not paid by due date may be subject to a late fee at the sole discretion of XcellHost. If you desire to cancel your account, please raise a ticket in the member control panel 30 days in advance. Failure to notify cancellation in advance would result in services billed and payable for the next period.
Failure to Pay:
The Company may temporarily deny all services provided or terminate this Agreement upon the failure of customer/Subscriber to pay charges when due. Such termination or denial will not relieve customer/Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
In case your hosting service expired before the expiration of your domain then the Parking page of our company is shown and it is removed when the payment of hosting renewal is realized to us.
If any TDS is deducted on the professional services, then the credit for the same would be applicable only and only when the same is reflected in our 26AS for the corresponding quarter.
All necessary reminders shall be mailed to clients for renewals, however, if due to spam filters or technical problems, in case clients report non-receipt of reminder mails, the company cannot and shall not be held accountable for suspension or termination of an account due to non-renewal. It is the owner's responsibility to make timely renewal payments upon year end or as the case may be to avoid suspension or termination of account.
In case of renewals for Dedicated, VPS and Cloud Hosting, if the renewal remains overdue by the payment due date, then no grace period will be allowed on these services, and suspension and termination will be done immediately i.e. on the payment due date. It would be therefore the client's responsibility to take necessary backup of data before overdue. In case the data gets lost owing to any delay in renewals, the responsibility would entirely be of clients and no dispute tickets or complaints shall be entertained by the company at any level.
Upon expiry of a domain, the registrar shall have every right to put a default parking page with its own advertisements on it. Clients acknowledge and accept the fact that in case of expired domains, restoration of domains after renewal may take at least five to ten days due to propagation factors or registrar problems. The restoration charges of a domain during redemption period would be applicable as per registrar's policy and might be even a little higher.
In case where any refund of any fee or charges relating to the services provided by the Company is to be made the same shall be made only by adding the amount to the extent of refund amount in client area. It is also made clear that refund shall be allowed to a maximum amount equivalent to the amount of 30 days of the fee payable for the services.
VPS, Dedicated & Cloud Server Suspension &Termination: XcellHost has full rights to suspend and terminate the hosting services on the payment due date. The client is solely responsible for paying XcellHost on the due date of his/her services. XcellHost will not be responsible for any data loss/mis-happenings that may occurs due to nonpayment of services on the due date.
In case of migration/upgradation, your (client's) old server/account will be terminated in 48 hours of the activation of the new server/account without any further intimidation. It is the client's responsibility to ensure the full completion of migration within 48 hours of getting the new account details. XcellHost will not be liable for any data loss/mis-happenings that may occur after 48 hours of the activation of new account.
Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice by the Subscribers / Customers through the member control panel.
Only the authorized account holder or an authorized contact may cancel the account. Authorized contacts are appointed only by the account holder. In the event of cancellation, customer will automatically be billed for any excess usage during the then-current calendar month.
If Refund request is made by the client and he wants to terminate the services prior to completion of the tenure fixed, then it may be terminated on the following grounds as mentioned below:
A. That client always makes available such a balance in his account/control panel, which is given to him with password and user name, through which his renewal of the services be done without fail and client also abides and agrees that if the services are not continued then he informs XcellHost 30 days prior to renewal date of that service.
B. All Web Hosting (Linux and Windows) plans have a 30 days money back guarantee. In case you are not satisfied with your service for any reason, you will receive a refund (excluding taxes) if you cancel your account within 30 days of the activation of your account.
This 30-day refund policy shall not apply to any additional items or services; this includes but is not limited to POP accounts, MySQL, and Real Audio®/Video®. Domain Parking services, Domain Registration, VPS & Dedicated services, Email service, Office365, Sitelock, Cloud server, Website Builderare excluded from refund policy. No refunds are available after 30 days.
C. Cancellations after 30 Days. Subscriber may cancel his/her/its Services at any time with a valid proof of customer service, before or after automatic account renewal, and, with the exception of any Non-refundable Fees or setup fees, if any, which are nonrefundable after 30 calendar days, receive a pro-rated refund for all other fees paid for Services, less Domain Name & RS.500/- Setup Charge.
D. Notice of Cancellation. Subscriber agrees to direct all cancellation requests to xcellhost.cloud via email to email@example.com. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by xcellhost.cloud. Subscriber must also confirm to xcellhost.cloud that all emails, files, and databases are preserved and backed up somewhere other than xcellhost.cloud server space. Once confirmed, the cancellation can be processed as per cancellation policy.
E. Chargebacks and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a Rs. 2500/- billing service fee.
F. In case where any refund of any fee or charges relating to the services provided by the Company is to be made the same shall be made only by adding the amount to the extent of refund amount in client area.Outside of the Money Back Guarantee, refunds are not offered.
The 30 Day Money Back Guarantee applies to the following services only:
Shared Web Hosting
Word press Hosting
The 30 Day Money Back Guarantee does not apply to nor are refunds available for the following services: Managed VPS Hosting
Unmanaged VPS Hosting
Managed Dedicated Servers
Unmanaged Dedicated Servers
Domain Name Registrations/Transfers/Renewals
Add-Ons such as WHMCS
The 25 Day Money Back Guarantee applies to the following services only: Website builder
Note that the 30 day period ends exactly 30 days from the day on which account was originally activated (not the day the order was placed). This guarantee is VOID if your account violates our Terms of Service. Setup fees are non-refundable. External services, such as but not limited to, dedicated IP addresses, installation charges, WHMCS licenses, etc. are non-refundable.
Failure to fully comply with these terms is ground for account suspension and/or deactivation (with or without refund, subject to XcellHost's discretion). Any accounts and/or servers contained within XcellHost's network must adhere to the above policies.
We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, no claim for refund shall be entertained and your balance amount, if any, with XcellHost shall stand forfeited.
However, if the refund request is made after 30 days, then such a request would not be processed under any circumstances regarding technical, sales, billing or any reason whatsoever. Upon release of refund amount in any case by the company, the company shall not be held accountable for any delay involved in sendingrefund to the client. The company shall not answer or handle any tickets in this regard.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for variousreasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, customer/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. Customer/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 loss, damages, or injury.
New Domain Accounts:
All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 24 hours. Due to unforeseen complications, however, this process may sometimes require up to 7 business days.
For a new domain registrationrequest, a Registrar may take at least three to seven business days factoring in on elements like holidays, internal processing issues etc. and in all such cases, the Company cannot and shall not be held liable if your domain name gets registered by some other party. In case of any dispute arising out of this, the company's liability shall be restricted purely to making refund of the amount received by it for a new domain request and not beyond.The company shall not be liable for any delay whatsoever occurring in the domain transfer process.
Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to xcellhost.cloud will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by xcellhost.cloud on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges paid by the Customer shall be non-refundable.
Support Boundaries: XcellHost provides dedicated technical support to our customers/subscribers, however in accordance with purchase plan or service type. We limit our technical support to our area of expertise. The following are our guidelines when providing support:
XcellHost provides support related to your server or virtual site physical functioning.
XcellHost does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue.
XcellHost does not provide technical support for YOUR customers. If you are able to get online and have other questions, the answers may be on our Knowledge base – we encourage you to check there first.
The Skype or any otherChator any other method of communication with customers/clients is only for basic help. Please do not provide your sensitive information to our agents/executives etc like login details, passwords, banking info etc. on anyChat. You should also not make any commitments on chator otherwise. All such commitments, disclosures and interactions with our team would solely be at your own risk and XcellHost do not deem valid or vouch for the authenticity of all such interactions. XcellHost recommends that for all complex and advanced issues, customer duly raise a ticket by logging into their member control panels.
Any commitment of Sales team to client regarding availability of technical features, unless in accordance with technical specifications and plans mentioned on company website would not incur any liability upon the company. All such unsubstantiated commitments by sales team on phone or mails would not carry any weight in the eyes of company and the Company is not responsible and not be held liable for any such unauthorized commitment.
If upon proper assessment and merits of a particular case, a contradiction or mismatch is detected by company management between what was committed and what was stated on website, if warranted at all, a refund on pro-rata basis would be provided, but no legal accountability will be entertained.
Ticket, Live Chat & Phone Support: Our telephone and Live Chat support is available for users to update them about the status of their problems. Phone and chat support would not at any point of time be available to render technical and support information to customers. No Third Party Application will be supported in any case by XcellHost Support Team.
All clients of Shared Hosting would be allowed to create up to five (5) tickets per month and up to 5 phone support up to five (5) times. However, in case of managed Dedicated and VPS hosting clients there would be no limit on phone and ticket support. All clients of unmanaged Dedicated and VPS Hosting would be eligible to create up to eight (8) tickets per month. Resellers can create up to 7 tickets per month.
For technical and billing related issues, clients can raise tickets only via member control panel and not through emails sent to technical and billing departments. For billing and support related issues we do not entertain any emails addressed to sales and abuse departments. All such mails addressed and sent to cross-functional departments (Sales, Abuse etc.) would not be answered by company. Also all such issues would not be handled by our team on Live chat.
No queries of technical and billing nature would be entertained by team on a Sales chat session. The timings for Sales and Technical chat would be 10:00 am to 7:00 pm. Any phone calls made to cross-functional departments (Sales, Abuse, etc) regarding billing or support queries would not be answered by these departments.
Other than the stipulated channels of support, the company would not entertain any query, discussion, complaint related to billing, support, or sales on a face-to-face basis.
Customers/clients may strictly desist from approaching any individual in person regarding technical support or any other issue. All such attempts would not be entertained or acknowledged by the Company.
SPAM and Unsolicited Commercial Email (UCE):
XcellHost takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of XcellHost may not use or permit others to use our network to transact in UCE. Customers of XcellHost may not host, or permit hosting of sites or information that is advertised by UCE from other networks.
In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carries severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
Violation of XcellHost's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, XcellHost will initiate an immediate investigation (within 48 hours of notification). During the investigation, XcellHost may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, XcellHost may, at its sole discretion, restrict, suspend or terminate customer's account. Further, XcellHost reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. XcellHost will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that XcellHost personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the XcellHost network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
IP Address Ownership:
If XcellHost assigns Customer an Internet Protocol address for Customer's use, Customer shall have no right to use that Internet Protocol address except as permitted by XcellHost in its sole discretion in connection with the Services, during the term of this Agreement. XcellHost shall control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by XcellHost, and XcellHost reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). XcellHost will monitor Customer's bandwidth and disk usage. XcellHost shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in XcellHost's sole and absolute discretion.
If XcellHost takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth usage is measured on a calendar month basis. Both incoming and outgoing traffic are counted. In the event that a customer exceeds the included allocation, XcellHost may, at its sole discretion bill the customer over usage. Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of the XcellHost's Network. Violations of system or network security or any attempt thereof may result in civil or criminal liability. XcellHost will investigate occurrences, which may involve such violationsor any such attempt and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
XcellHost wishes to emphasize that in agreeing to the XcellHost Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies XcellHost for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to XcellHost or the bringing of any claim against XcellHost by any third-party. This means that if XcellHost is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against XcellHost, plus all costs and attorney's fees.
You agree that if your agent (i.e. and Internet Service Provider, Web design company, employee, etc) purchased the services of the Company on your behalf, you shall nonetheless be bound as a principal by all the terms and conditions herein.
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. A waiver by the Company of any breach of any provision of this Agreement by customer/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.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
XcellHost takes no responsibility for any material input by others and not posted to the XcellHost Network by XcellHost. XcellHost is not responsible for the content of any other websites linked to the XcellHost Network; links are provided as Internet navigation tools only. XcellHost disclaims 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.
XcellHost is not responsible for any damages your business may suffer. XcellHost does not make implied or written warranties for any of our services. XcellHost denies any warranty or merchantability for a specific purpose. This may include loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by XcellHost.
It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content:
You, as XcellHost's customer, are solely responsible for the content stored on and served by your XcellHost server.
Requirements for using Microsoft software. Customers/ Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated.
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
XcellHost may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships XcellHost has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by XcellHost and not by the Third Party Vendor. Neither XcellHost nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products.
Customer 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 XcellHost 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 XcellHost 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. Customer 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 XcellHost 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.
Force Majeure: Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.
Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.
The laws of India govern this Policy. The Parties agree to use their best efforts to mutually resolve any dispute arising under this Policy. Failing which the dispute may be referred to Sole Arbitrator to be appointed by the Managing Director of XcellHost. The Arbitration proceedings shall be carried out at Jaipur in accordance with the Arbitration and Conciliation Act 1996.
The laws of the Republic of India shall govern this agreement. In any event of dispute the area of Jurisdiction shall be Jaipur only.
By placing, hiring and continuing to maintain or place information at XcellHost's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.