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Terms of Service

Xakbox.com ("Xakbox Hosting Solution", "The Company", "We", "Us", and "Our") agrees to provide services to the Customer, subject to the following Terms of Service (TOS) and Acceptable Use Policy (AUP). "You" means the person or company who is using our service(s) or product(s).

Violations of the Terms of Service will waive the refund policy and "30 Day Day Money Back Guarantee".

Term: Customer agrees to a billing cycle to billing cycle contract term for services unless otherwise agreed to in writing. The billing cycle to billing cycle contract for services is automatically renewed at the end of each billing cycle in perpetuity subject to cancellation by the Customer.

1. Payments and Fees
   
2. Invoices and Due Dates
   
3. Price Changes
   
4. Cancellations
   
5. Notification of Violation
   
6. Suspension/Termination
   
7. Spam and Unsolicited Commercial Email (UCE)
   
8. Responsibility for Account Content & Use
   
9. 30 Day Money Back Guarantee
   
10. Refunds and Disputes
    
11. Credit
    
12. Account/Server Setup
    
13. Reseller/Reselling Responsibility
    
14. Free Software Licenses
    

1. SSH/Shell Access
   
2. Security
   
3. Bandwidth and Disk Usage
   
4. System and Network Resource Usage
   
5. Service Level Agreement
   
6. Downtime
   
7. Backup and Data Loss
   
8. Migration Service
   
9. Refusal of Service
   
10. No Warranties
    
11. Arbitration
    
12. Indemnification
    
13. Disclaimer
    
14. Revisions to Terms of Service
    

 

 

1. Payments and Fees

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that The Company/Credit Card/Paypal automatically charges subscriber’s credit card, check or Paypal account every month.

You are obligated to pay for your account even if you do not use it. Because we have provided you with usernames, passwords, DNS entries, an IP address, and other server/network resources, you have the ability to use your account. The fact that you do not do so is not relevant - you are still obligated to pay for the account. Even an unused account uses valuable system resources that could be used for other customers.

Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.

Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.

One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.

Failure to Pay:

Xakbox Hosting Solution may temporarily deny service or terminate this Agreement upon the failure of the customer to pay charges when due. Such termination or denial will not relieve subscriber of responsibility for the payment of all accrued charges. Service will be interrupted on accounts that reach 5 days past due.

WARNING: We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may affect your credit rating.

 

2. Invoices and Due Dates

Xakbox Hosting Solution generates and sends all invoices 7 days in advance of the due date. You have 7 days pay payments and fees. You are responsible to pay any payments and fees by due date.

7 days before the due date

We generate and send all invoices. This invoice can be checked in the Client Portal.

2 days before the due date

We send unpaid invoice reminder emails. This reminder be checked in Client Portal.

1 day after the due date

We send an overdue invoice reminder email. This reminder be checked on Client Portal.

2 days after the due date

We send an overdue invoice reminder email. This reminder be checked on Client Portal.

3 days after the due date

We send an overdue invoice reminder email. This reminder be checked on Client Portal.

5 days after the due date

Suspension of your hosting account.

After 30 days of non-payment from Invoice Due Date

Your account/service will be terminated and your all data will be deleted from the servers and billing system.

Xakbox Hosting Solution will not be responsible for any damages your business may suffer because of your failure to make payment. Xakbox Hosting Solution makes no warranties of any kind, expressed or implied, for the services we provide.

 

3. Price Changes

We reserve the right to change prices listed on Xakbox.com, and the right to increase or decrease the amount of resources given to plans at any time.

4. Cancellations

Account cancellations must be made at least 5 days in advance via Support Hub with all customer details (i.e. billing & account information). Any missing information may delay the cancellation of your account. Xakbox Hosting Solution will not be responsible for additional charges made if data is missing. Your account will be terminated and deleted within 48-72 hours of receiving your cancellation request. It is your responsibility to make backups via control panel before your account is deleted.

If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. We apply a $20.00 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a third party (either a collections agency or an attorney) for further action.

WARNING: We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may affect your credit rating.

 

5. Notification of Violation

Xakbox Hosting Solution is under no duty to look at each customer's or user's activities to determine if a violation of the TOS/AUP has occurred, nor do we assume any responsibility through our TOS/AUP to monitor or police Internet-related activities.

 

6. Suspension/Termination

Xakbox Hosting Solution reserves the right to cancel your account at any time with or without notice.

Your Service may be suspended / terminated by Xakbox Hosting Solution under the following circumstances (non-exclusive list):

• Failure to Pay Payments and Fees
• Violation of the Terms of Service
• Any issue that may affect negatively our customers or system resources

 

7. Spam and Unsolicited Commercial Email (UCE)

Xakbox Hosting Solution has a zero tolerance policy on Spam, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Xakbox Hosting Solution whether or not the message actually originated from our network.

Xakbox Hosting Solution's mass mailing rules also apply to mailing lists, list serves, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail addresses available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

If your actions have caused Xakbox Hosting Solution mail servers or Xakbox Hosting Solution IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $100 charge to your account and $30 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Violation of the above terms will result in one or all of the following:

• A warning via email or phone.
• Removal of DNS for the advertised / originating site
• Immediate disconnection of service with no re-activation
• $100 fee assessed to your account for violation

 

8. Responsibility for Account Content & Use

All services provided by Xakbox Hosting Solution may only be used for lawful purposes.

The customer agrees to indemnify and hold harmless Xakbox Hosting Solution from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email This e-mail address is being protected from spambots. You need JavaScript enabled to view it with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Xakbox Hosting Solution does not allow any of the following content to be hosted:

1. Illegal Material - This includes copyrighted works, commercial audio, video, or music files, virus/software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems and any material in violation of any Federal, State or Local regulation.
2. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right Material - Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
3. IRC Bots/IRC related Material
4. Pirated Software/Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
5. Proxy Scripts/Proxy related/Anonymizers Material
6. Image hosting only sites that do not host an actual domain name.
7. High-Yield Interest Programs (HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, and muds / rpg's Material.
8. Other Material - Any material we feel to be abusive, harmful or could harm service operation and/or harm other internet users. The designation of "abusive" is left entirely to the discretion of Xakbox Hosting Solution. All rights reserved.

We reserve the right to refuse service to anyone. Any material that in our judgment is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to an email from our abuse department within 48 hours may result in the suspension or termination of your services.

If you are in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita).

Any site found hosting or linking to child pornography will be suspended immediately without notice.

Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

 

9. 30 Day Money Back Guarantee

Xakbox Hosting Solution provides a "30-Day Money Back Guarantee". If you are not satisfied with our service and wish to cancel the service within the first 30 days, we will issue you a full refund of your original purchase price. This "30-Day Money Back Guarantee" only applies to Xakbox's Web Hosting Solutions. Payments for "One-Time Services", "Extra Options", Domain Names, Domain Hosting, Software Licenses, SSL Certificates, and any setup fees cannot be refunded under any circumstances. Your "30-Day Money Back Guarantee" full refund can only be issued to your original payment source. Violations of the Terms of Service will waive the "30-Day Money Back Guarantee".

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Any additional products added or upgraded on an existing account will not be eligible for a refund, only the first product ordered is eligible for a refund within the first 30 days of service.

10. Credit

Any credit from Xakbox Hosting Solution can only be used towards your hosting service fee with Xakbox Hosting Solution. Any credit from Xakbox Hosting Solution cannot be refunded to your credit card, Paypal, or bank account.

 

11. Account/Server Setup

We will set up your account/server after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

 

12. Free Software Licenses

Some commercial software is included with Xakbox Hosting Solution hosting services. The user may use the software license exclusively only while utilizing Xakbox Hosting Solution hosting services.

13. Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or the security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools and network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. Xakbox Hosting Solution will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

 

14. Bandwidth and Disk Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the over-usage of bandwidth.

You are also allocated disk space allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount of disk space we will notify you by email to the address entered during the ordering process You must respond and resolve the exceeded disk space within 48 hours, either by removing files until your disk space allocation is no longer exceeded or by purchasing additional disk space. Failure to do so will cause your account to be suspended.

 

15. System and Network Resource Usage

An Individual hosting account, reseller hosting account or any one site may not:

1. Use 20% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run any BitTorrent application, tracker, or client.
6. Participate in any file-sharing/peer-to-peer activities
7. Run any gaming servers such as Counter-Strike, Half-Life, Battlefield 1492, etc.
8. Run cron entries with intervals of less than 15 minutes

Xakbox Hosting Solution hosting accounts operate on shared resources. Excessive use or abuse of these shared system and network resources by one customer may have a negative impact on all other customers. Xakbox Hosting Solution reserves the right to suspend or terminate any hosting account deemed to adversely affect server performance or network integrity.

 

16. Service Level Agreement

Xakbox Hosting Solution endeavours to have network connectivity available for HTTP access by third parties 99.9% of each month ("Web Site Availability"). In the event that there is no Web Site Availability, Xakbox Hosting Solution will credit the monthly service charge for the Service at the rate of 5% for every 30 minutes past 99.9% availability in a given month. To request a credit, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it with justification. All requests must be made in writing via email. Credits shall not be provided in the event that there is no Web Site Availability resulting from (i) scheduled maintenance, (ii) Customer behaviour or the performance or failure of Customer applications, or (iii) circumstances beyond Xakbox Hosting Solution's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation). Xakbox Hosting Solution is not responsible for any additional loss and/or damage as a result of no Web Site Availability. While Xakbox Hosting Solution attempts to keep regular backups of data stored on our systems, Xakbox Hosting Solution does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the client is responsible for making backups of data. Xakbox Hosting Solution does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients' information.

 

17. Downtime

Downtime is defined as any Xakbox Hosting Solution scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.

 

18. Backup and Data Loss

Xakbox Hosting Solution performs backups on all of our Hosting servers to ensure critical files are not lost. Our server creates backups for users' sites that you may download on your own; however, we are not obligated to restore a file any user has accidentally deleted or modified. The backups performed on all our servers are in no way guarantee d. Backup restoration is for emergency circumstances only. You are advised to backup all of your own files to your local drive. Xakbox Hosting Solution is NOT responsible for lost data, time, income or any other resource due to faulty or non-existent backups. We recommend that you make your own backups of your site at regular intervals from the backup download option provided in the Control Panel.

 

19. Migration Service

When ordering one of Xakbox Hosting Solution's hosting services, we provide to you our free migration service. This migration must be done from a cPanel account to a cPanel account. This cannot be done for an individual site (addon domain) under a cPanel account to a new cPanel account.

Due to the different versions of Control Panels and any other circumstances, migrated accounts or sites may not work properly. It is your responsibility to resolve an issue or submit a support ticket to our staff to look at it. However, we have no guarantee on our migration service and we are not responsible for ensuring that migrated accounts or sites work properly.

Xakbox Hosting Solution will not be responsible for any damages your business may suffer because of the failure of the migration service. Xakbox Hosting Solution makes no warranties of any kind, expressed or implied, for services we provide.

 

20. Refusal of Service

Xakbox Hosting Solution reserves the right to refuse, cancel, or suspend service at our sole discretion. Xakbox Hosting Solution will not be responsible for any damages your business may suffer because of this circumstance, and Xakbox Hosting Solution makes no warranties of any kind, expressed or implied, for services we provide.

 

21. No Warranties

Xakbox Hosting Solution makes no warranties or representations of any kind for the services being offered. The services are 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 Xakbox Hosting Solution or its agents or employees shall create a warranty. Xakbox Hosting Solution 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 Xakbox Hosting Solution 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.

 

22. Arbitration

By using any Xakbox Hosting Solution services, you agree to submit to binding arbitration. If any disputes or claims arise against Xakbox Hosting Solution or its subsidiaries, such disputes will be handled by an arbitrator of Xakbox Hosting Solution's choice. An arbitrator from the Indian Arbitration Association or the National Arbitration Forum will be selected. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Indian Arbitration and Conciliation Act, 1996, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

 

23. Indemnification

Customer agrees that it shall defend, indemnify, save and hold Xakbox Hosting Solution harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Xakbox Hosting Solution, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Xakbox Hosting Solution against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Xakbox Hosting Solution’s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to a customer from Xakbox Hosting Solution's server.

 

24. Disclaimer

Xakbox Hosting Solution will not be responsible for any damages your business may suffer. Xakbox Hosting Solution makes no warranties of any kind, expressed or implied, for services we provide. Xakbox Hosting Solution disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Xakbox Hosting Solution and its employees.

 

25. Revisions to Terms of Service

Xakbox Hosting Solution reserves the right to change the Terms of Service at any time, without any form of notice to our clients, non-clients, or the general public. It is the customer's responsibility to check these Terms of Service from time to time for such changes. At all times customers are bound to the terms set forth. In no event shall Xakbox Hosting Solution or its staff's lack of enforcement of these terms constitute a waiver of these terms at any time.