Terms Of Services

General

The above mentioned services / web content create undue system load on our servers. All violations will be shut down immediately and may result in account suspension and/or termination. No refund will be provided in such cases.

Fake hits through API, single IP or other malicious sources will not be entertained. Any attempts to undermine or cause harm to a XcellHost Internet Solutions server or customer of XcellHost is strictly prohibited.

The client is solely responsible for the content or data hosted at his/her website/server. He/she will be directly responsible for any legal action that may arise due to content hosted at his/her website/server. If asked by government authorities, XcellHost has full rights to share client's details/data even without client's approval.

Domain Registration

Domain Registration:

If some other party is able to get the domain name (that you have applied for) registered prior to you, then XcellHost cannot and shall not be held liable in such case. 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.

If in case the client has wrongly spelled his domain name then no refund will be applicable following the registration of domain.

You acknowledge that you have read ICANN Registrant Rights and have understood the responsibilities and rights that registrants (you) have with their domain registrar (XcellHost) when they have a domain name registered through them.

Domain Renewals:

You acknowledge that it's your responsibility to keep records and maintain reminders regarding the expiry of any service. As a convenience to the client, and not as a binding commitment, we may notify him of any expiring services or services due for renewal, via email message sent to the contact information associated with the customer in the XcellHost's database. Should renewal fees go unpaid for a service, the service will expire automatically & XcellHost will not be responsible for any loss that may occur due to expiry/termination of services.

Domain Transfer:

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 may be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

All domain Registration/Renewals/Transfers are governed by ICANN Policy.

Thus, you agree to have read, understood, and acknowledge to be bound legally by the Registrar Transfer Dispute Resolution Policy; ICANN Rules for Uniform Domain Name Dispute Resolution Policy; this Agreement; any XcellHost policies and procedures that are or may be published from time to time by XcellHost, ICANN, and/or the Registry Administrator chosen by ICANN.

Nameservers and Servers:

It is the 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 to for changing of nameservers or any delays 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.

Shared Hosting

Any action/processes that abuse/harm XcellHost's server or negatively impact other clients' service experience is strictly prohibited.

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

Email and Mailing Lists

Cron Jobs

Logs

Defining Unlimited

XcellHost although have 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 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, music files, videos, photo archives, data storage in the form like .exe, .jpg, .png, .mp3, .mp4, .wav, .zip, .rar and similar are strictly prohibited. Violators of this policy may have their accounts terminated without refund. In case your website has videos then only .flv & .3gp formats are allowed with size limit as 4 MB/video.

Maximum 4% CPU resources & 50 MB RAM per account can be consumed 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.

We allow 10 FTP per hosting account even in case of Unlimited Domains Hosting Plans.

Reselling in Shared Hosting Plans

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.

Reseller Hosting

VPS/Dedicated Servers

XcellHost provides root server access but in case the client uploads any applications or tamper with the server then XcellHost will not be responsible for any mishappenings/server failure. The client will be solely responsible for the mishappenings and XcellHost will not be liable for any support in order to restore the server to its previous state. XcellHost's 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).

XcellHost forbids the use of unauthorized software or use of scripts or software runs on its servers that can cause the server to load beyond a reasonable level, as determined by XcellHost. 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 client installs at their end or get them installed by XcellHost team. You agree that you shall use only authorized/ licensed software installed by XcellHost as per your requirement. You will be directly responsible towards the software provider so far as the software is related and XcellHost shall not be responsible in any manner either towards you or towards the software provider regarding any dispute, claim or any difficulty related to the software.

No client shall change the server passwords without intimating us. In case, any client does it, then he will be responsible for any downtime of server or services.

No server logs can be provided by XcellHost to clients. In case, client has done the setup to manage server logs then only XcellHost's team can only assist the client in getting the logs.

In case, a particular VPS/Dedicated server is consuming high bandwidth then clients are liable to pay as per the bandwidth usage.

get added as 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.

Email Server Usage

Payment

Service Rates

Customer/Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to him. Customer/Subscriber is aware that the company may prospectively change the specified rates and charges from time to time.

Payment

Establishment of any service is dependent upon receipt of stated 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 the 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 making 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 stipulated time frame as defined in our SLA, upon 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 as 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 to pay charges when due. Such termination or denial will not relieve customer 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.

You acknowledge that it's your responsibility to keep records and maintain reminders regarding the expiry of any service. As a convenience to the client, and not as a binding commitment, we may notify him of any expiring services or services due for renewal, via email message sent to the contact information associated with the customer in the XcellHost's database. Should renewal fees go unpaid for a service, the service will terminate automatically & XcellHost will not be responsible for any loss that may occur due to expiry/termination of services.

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.

Fund Transfer

If for any reasons, you are managing two different member panel accounts then transfer of fund from one account to another account is not allowed. While sending offline payments, please make sure that you send us different DD/cheques for different accounts.

Discount & Offers

Any promotional offer introduced through the www.xcellhost.cloud (XcellHost) is available inside your Control Panel or while placing the order. Also, any 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.

These terms and conditions apply to those promotions where you must redeem a promotion code as part of the offer.

IMPORTANT:

Change of Registered mail ID

If request is being sent from registered email ID

The client needs to send address and ID proof scan copy for cross verification of account ownership. The change in email ID can be immediately done if the address proof provided by the client matches with XcellHost's records for that particular client.

If registered email ID is inaccessible

The client needs to send us an email alongwith his ID proof mentioning the reason for the change in email ID. We further analyze the situation by sending the mail to the registered email ID for the requested change. We automatically make the changes if we don't get any response from registered email ID within one week (from the mail sent time).

Backup Policy

Your use of the service is purely at your sole risk. XcellHost Live 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 backups 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. In case you are storing the backup at server then you can only keep single copy of backup. 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 backup of your site on your personal computer. We make no guarantees about the availability of backups.

Mailing Policy

Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ('spam') in a way that could be reasonably expected to adversely impact the XcellHost's network, including, without limitation, using an e-mail account on XcellHost's network to send spam or bulk e-mail, or using the service of another provider to send spam or to promote a site hosted on or connected to the XcellHost's Network.

In addition, Users may not use the XcellHost's Network in order to:

(a) Send e-mail messages which are excessive and/ or intended to harass or annoy others.
(b) Continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them.
(c) Send e-mail with forged TCP/IP packet header information.
(d) Send malicious e-mail, including, without limitation, 'mailbombing'.
(e) Send or receive e-mail messages in a manner that violates the use policies of any other internet service provider.
(f) Use an e-mail box exclusively as a storage space for data
(g) Offer for sale or solicit e-mail lists for the purposes of bulk e-mail.

XcellHost will not be responsible for any loss that may occur due to blacklisting of IPs due to mass mails.

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 exempt it from legal action.

Suspension/Termination

In case of non-payment, all services will be suspended/terminated as per the service's expiry date. XcellHost will not be responsible for any data loss or monetary loss that you may incur due to this.

Upgradation/Migration

In case of migration/upgradation, your 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/mishappenings that may occur after 48 hours of the activation of new account.

In case you are migrating/upgrading your server/account near the expiry date of the old server/account then client's old service/account will be deactivated on its due expiry date. It is the client's responsibility to migrate all their data on new account before the old server/account expiry date.

In case of VPS server migration, data is migrated from the old VPS (with your previous hosting provider) to the new VPS (bought from us) only if the previous VPS has CPanel or Plesk on it. For all VPS, without a control panel, the support team will only move the website files. All the other databases, emails and any other data will have to be moved by the user.

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 and 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.

Availability of Services

Subject to the terms and conditions of this agreement, XcellHost shall try its level best to offer the dedicated services throughout the term of this Agreement. You, however agree that from time to time the services may be inaccessible/ inoperable for any reason, including, without any limitation:

You agree XcellHost has no control of availability of services on a continuous and/ or uninterrupted basis.

You further agree that as a normal course of its business, it may be really necessary for XcellHost to migrate its servers. As a result, even though you may have a dedicated IP, You may be assigned a different IP number. XcellHost does not warrant that you will be able to consistently maintain your allotted IP numbers.

XcellHost offers a network uptime guarantee of 99.9%. If XcellHost fails to maintain this level, you may contact XcellHost for further follow up. Any credit offered may be used only for the purchase of further services and products from XcellHost, (excluding applicable taxes), this service is not available for our dedicated server clients. The credit, however, does not apply to service interruptions caused by:

XcellHost's Rights

XcellHost explicitly reserves the right and sole discretion to:

Modify its pricing, if desired by XcellHost from time to time.

Establish guidelines and limits concerning the use of the services.

Terminate your use of services for use of our services to unnecessarily/illegally harass XcellHost or third parties, non-payment of fees for our services, activities designed to embarrass, defame, harm, threaten, abuse, slander/ stalk third parties, activities prohibited by the laws of India and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as terrorism, child pornography, hate crimes, activities that are tortious, obscene, vulgar, invasive of the privacy of a third party, ethnically, racially, or otherwise objectionable in the sole opinion of XcellHost or declared by the law of land, activities designed to harm minors in any way, activities designed to impersonate the identity of a third party, and other activities whether lawful/unlawful that XcellHost determines, in its sole discretion, to be harmful to its other customers, reputation or operations.

Terminate your use of services if Your use of services results in, or is the subject of, legal action or threatened or proposed legal action, against XcellHost or any of its affiliates/partners, without considering for whether such legal action or threats or proposed legal action is eventually determined to be with/without merit; and terminate Your use of services at any time and for any reason if deemed reasonably necessary by XcellHost.

Disclaimer:

The information contained in https://www.xcellhost.cloud/ is for general information purposes only. The information is provided by www.xcellhost.cloud and while we endeavor to keep the information up to date and correct. We make no representations or warranties of any kind, expressed or implied, about the completeness, accuracy, reliability, suitability or availability with respect to www.xcellhost.cloud or the information, products, services, or related graphics contained on www.xcellhost.cloud for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of www.xcellhost.cloud.

Through www.xcellhost.cloud you are able to link to other websites which are not under the control of www.xcellhost.cloud. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them.

Every effort is made to keep www.xcellhost.cloud up and running smoothly. However, www.xcellhost.cloud takes no responsibility for, and will not be liable for, www.xcellhost.cloud being temporarily unavailable due to technical issues beyond our control.

Denial of Service:

We reserve the right to refuse service to anyone at any time for any reason.

Jurisdiction:

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

Acknowledgement:

You agree that you as the person legally responsible for use of this account are at least 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 any possible fraudulent credit card use.

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.

Support Policy

I. Although technical support is available 24x7x365 through live-chat, trouble tickets & telephone, but only very basic issues can be addressed over the phone. Here, basic issues refer to those simple issues and queries that can be answered or resolved on an immediate basis by our support executive.

II. Live-Support is available at all times for any / every issue that a customer may have. However, the support team may request an email sent as part of the authentication process, where they deem it to be necessary. Here, live support refers to phone, chat or ticket support provided and handled by a real support executive in real time.

III. All trouble tickets raised and emails sent will be responded to within an hour. If there is a need for further investigation, the customer will be informed accordingly.

IV. For issues which have to be forwarded to any provider of the software and applications which XcellHost provides, it won't be possible to estimate a time frame of resolution. It completely depends on the severity of the issue and the response time of the provider. Customers will receive updates on these issues.

V. You will have to raise tickets or approach live support for the technical staff to attend to your problems. This is the fastest way of getting the attention of the support team.

Support abuse:

We always treat our customers with utmost respect and expect the same from you too. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days' notice to find a new host. A pro-rated refund may be issued on a case-by-case basis.

Support boundaries:

Please do not provide your sensitive information to our agents/executives etc. like login details, passwords, banking info etc. on Skype Chat. You may also not make any commitments on live chat. All such commitments, disclosures and interactions with our team would solely be at your own risk and XcellHost does 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 panel.

The support team will not be responsible for damages or issues arising from the activities like upgrading kernel, OS, running windows updates and external software like firewalls and anti-virus.