Acceptable Use Policy

Service Contract for All Customers, Subscribers, Clients, Resellers and Business Associates Preliminaries:

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.

Acceptable Use Policy

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 abuse@xcellhost.cloud.

Violations of XcellHost Acceptabel Use Policy

The following constitute violations of this AUP:

Illegal use:

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.

Harassment:

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.

Fraudulent activity:

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. .

Threats:

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.

IMPORTANT NOTICE:

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.

Usenet Spamming:

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.

Unauthorized access:

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.

Fraud:

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.

IRC networks:

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.

Resource Usage Policy (Applicable For Shared Hosting)

Processes

Processes invoked by the web server, cron, shell or any other method should not exceed the following limitations:

Database Restrictions

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.

Web

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.

Cron Jobs

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.

Defining Unlimited

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.

Service Restrictions

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.

Server Log

No server logs can be provided for the shared hosting account.

Backups

Reselling

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.

Adult Content

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.

General

Dedicated Server Management

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).

Dedicated Servers

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.

Reseller Hosting

XcellHost will not entertain reseller's clients' queries.

Wordpress Hosting, SSD Hosting

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.

Microsoft Office 365

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.

Google App

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.

Cloud Servers

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.

Sitelock

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.

Easy Website Builder

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:

Security

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.

Network Performance

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.

Backup of Data

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.

E-mail Server Usage

Nameservers and Servers

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.

Identification Information

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.

Refusal or Discontinuation of Service

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.

No Warranties

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.

Agreement for Domain Name's Change of Registrant

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.

Uniform Domain Name Dispute Resolution Policy (As Approved by ICANN on October 24, 1999)

Prior Agreements

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.

Severability

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.

Revisions to this Acceptable Use Policy

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).

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:

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.

Service Rates:

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.

Payment:

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.

TDS:

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.

Renewals:

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.

Upgradation/Migration:

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.

Account Cancellation:

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.

Refunds:

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:

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.

Sales Commitments:

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.

IMPORTANT NOTICE:

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.

Network:

Notification of Violation

Indemnification

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.

Miscellaneous Provisions

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.

Windows Servers:

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.

Governing Laws and Dispute Resolution

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.

Jurisdiction

The laws of the Republic of India shall govern this agreement. In any event of dispute the area of Jurisdiction shall be Jaipur only.

Acknowledgement

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.