Terms Reseller Hosting
Terms of service for Reseller Hosting Packages
The terms and conditions below are constituting a legal form of agreement between you (below referred to as “The Customer”) and XauZit Cloud (below referred to as “The Company”), legal owner of the domain name and website cloud.xauzit.com (below referred to as “The Website”), each referred to herein as a “Party” and, when collectively, as the “Parties”. You agree that you are bound to these terms by your use of The Company Services which includes, but is not limited to visiting the website, using its internal and external links for search of information, ordering any of The Company services, contacting The Company representatives, Support Services and/or any software or service made available to you by The Company.
The Customer’s account will be activated after The Company received the first payment for it as per the prices responding to the package on The Website. It is The Customer’s sole responsibility to provide The Company with an email address that does not belong in the domain authority of the domain(s) that is being signed up. It is the sole responsibility of The Customer to keep the primary email address up to date at any time. Setup and processing fees may apply upon signing up and such are not subject to refund upon cancellation, nevertheless, it is requested by The Customer or forced by The Company.
Service Cancellation and Refund Policy
All services that are provided by the Company can be cancelled by the Customer. The only possible way to cancel a Reseller Hosting account is through the Client Area. There are two parts of cancellation: initiating a cancellation request and then confirmation of the cancellation request. The Company receives the cancellation request only after it has been confirmed by the Customer. The cancellation becomes effective in accordance with the time chosen by the Customer through the Cancellation process.
Right after the cancellation becomes effective, the Customer’s accounts will be suspended. The Company is keeping a copy of the cancelled accounts for no more than 7 (seven) calendar days after the cancellation becomes effective. 7 (seven) days after the cancellation becomes effective any information or data in the accounts will be deleted, it includes the cancelled accounts, all of their backup copies and any other information or data related to the account. After the cancellation becomes effective the Company cannot be held liable for loss of data due to suspension or termination.
The Company will issue a refund to the Customer by the following terms:
- The Customer’s cancellation request has become effective in less than 30 (thirty) days after the date of the first payment for the account. The cancellations of Reseller Accounts that become effective in more than 30 (thirty) days after the first payment are not eligible for a refund.
- If a domain name is registered by the Customer during the initial hosting account order process, then the appropriate domain name registration fee will be withheld as well. In a case of a refund, the domain name registration fee is always withheld, even if this fee was waived at the time of purchase. The domain name itself remains a property of the Customer.
Service Cancellation by The Company
Any of the services that the Company offers may be cancelled by the Company with no prior notice and with no refund in case that the Company finds out in good faith that the Customer’s use of the service violates the Terms of Service. The Company cannot be held responsible for loss of data if such a cancellation has been done.
The Company may also cancel any of its services, if the Company determines in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason, by giving the Customer as much prior notice as reasonably practicable.
The Company reserves the right to suspend/cancel any account without prior notice even though the Company’s policy is to issue a warning first and deactivate the account after the second violation of this agreement.
The Reseller Hosting service used by the Customer may be cancelled for any or no reason by the Company with a preceding 7 days notice. After the 7 day period the Customer’s Account(s) will be ended and the Customer will be provided with access to an archived backup copy of the Customer’s account(s) content as of the termination date.
These backup copies will be available for no more than 7 calendar days. After the expiration of the 7-day period for accessing the archived backup copy, all backup copies and any other information or data related to the account will be deleted from the Company’s servers.
Usage of Server Vital Resources
Each and every XauZit Cloud Reseller, and respectively its hosting account(s), is entitled to the following types of server resources usage:
* CPU resources
* RAM resources
* MySQL server resources
* Web server resources
* Mail server resources
In case that XauZit Cloud technical representative, either System Administrator or another technical support personnel, detects XauZit Cloud Reseller account(s) to use the above-mentioned resources in a manner endangering the hosting server overall performance the following, but not limited to, actions can be taken by the Company:
* Particular Account(s) limitation in terms of a particular resource that is overused.
* Particular Account(s) temporary suspension.
* Particular Account(s) permanent suspension.
* Particular Account(s) termination.
If an account(s) is permanently suspended or terminated due to overuse of the above-mentioned resources no refund will be due. The Company will inform the Customer for the occurrence of the above, by opening a new Support Ticket. A re-activation fee may apply in any of the above cases. A reactivation fee is imposed by XauZit Cloud representative if:
* The overuse is continuous and recurring.
* The overuse has caused a server crash.
* The overuse has affected other Customer(s) accounts hosted on the same server.
The re-activation fee may vary and its amount is specified by XauZIt Cloud and its authorized representatives (Sales/Support agents) on a case-by-case basis.
Overusing an endangering the overall server performance account(s) termination is a legal right of XauZit Cloud to refuse service and is not a subject of comment.
The Customer understands and agrees that they cannot use more than 175 000 inodes per account. Accounts that slightly exceed the inode limits are unlikely to be suspended, however, accounts that are constantly creating and deleting large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. Every single file or folder on The Customer’s account is counted as 1 inode unit.
The Customer understands and agrees that:
* The use of email clients with IMAP protocol is allowed for mailboxes with a maximum size up to 250MB. If the usage of the IMAP protocol with a larger mailbox occurs, it can be considered as endangering the overall server performance and stability and flagged for review and/or suspension by The Company without prior notice.
* No more than 10 simultaneous IMAP connections to the hosting servers are allowed. Exceeding this quota may result in flagged service for review and/or suspension by The Company without prior notice.
* The total amount of email messages, sent either by applications, scripts, webmail or email clients, should not be over 400 emails per hour per hosting account. If an account is detected to send more than the stated above amount, it can be considered as endangering the overall server performance and stability and flagged for review and/or suspension by The Company without prior notice.
The total amount of email messages that can be received from all email accounts on the Customer’s hosting account per minute, should not exceed the amount of 80 messages per minute. If an account is detected to receive more than 80 messages per minute, it might be temporarily suspended or its MX records might be redirected, in order to preserve the server normal operations and stability. Furthermore, the total number of recipients of a single email message should not exceed 15.
The Company cannot be held in responsibility for any loss suffered or occurred damages including but not limited to: email delivery failures, email loss, emails being flagged as spam, etc; during or resulting from a server or email service downtime, irrespective of the cause, time and duration of the mentioned downtime.
The Customer acknowledges that The Company cannot guarantee that any particular email message will be delivered to or from a particular mailbox due to the nature of the email service and to the fact that the Internet is not owned nor controlled by any legal entity. Using the email service provided by The Company is done on an ”as is, as available” basis and is used at Customer’s own risk.
AUP (Acceptable Use Policy)
All services provided by The Company may be used for lawful purposes only. All laws of Pakistan.
The Customer must hold harmless and risk-free The Company from any claims resulting from the use of The Company services. The Customer acknowledges that The Company prohibits the use of its services for distributing, storing or transmitting any copyrighted materials which includes, but are not limited to copyrighted music files, photographs, books or any other materials protected by the power of the law.
The offer of or possessing of such information or materials, or the offer to sale of any fake merchandise of a trademark holder will immediately result in the termination of that account. Accounts found to be in violation of any copyrighted material will be instantly removed, or any access to it will be immediately stopped. If the account is found again to violate any copyright or trademark laws will be immediately suspended and/or terminated.
By using any Services, provided by the Company
* The Customer agrees that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
* The Customer agrees not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
* The Customer agrees not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or Mail Bombing.
* The Customer agrees not to allow any remote code execution of malicious software through the hosting account provided by the Company.
* The Customer agrees not to cause a denial of service attacks, port scans or other endangering and invasive procedures against the Company servers and facilities or the servers and facilities of other network hosts or Internet users.
* The Customer agrees not to take advantage of their WHM access to enable resource-greedy options and features, such as cPanel backup, without consulting with Technical Support first.
* The Customer agrees that they will not use the account provided by the Company for storing any data if it is copyrighted and they are not the owner of the copyright. This includes but is not limited to copyrighted music files, copyrighted video files, copyrighted software, etc.
* The Customer agrees not to forge the signature or other identifying mark or code of any other person or engage in any activity (including “spoofing”) to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames)
* The Customer agrees not to make, attempt or allow any unauthorized access to the Company website, servers, their own hosting account or the account of any other Customer of the Company.
* The Customer agrees that they will not use the Company services to host any website, other content, links or advertisements of websites that:
- infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information;
- contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property;
- are with obscene or unlawfully harassing content;
- profess hatred for particular social, ethnical, religious or other groups;
- contain Illegal or Hacking/Phreaking Software (Warez) – Any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
- promote Money Making Schemes, multi-level Marketing or similar activities.
- contain any kind of proxy server or other traffic relaying programs.
- contain Torrent trackers, Torrent Portals or similar software.
- The Company reserves the right to terminate each account that violates the Terms of account resource use and cannot be responsible for any data loss in such cases.
The Customer understands and agrees that the usage of MySQL and PostgreSQL databases must be kept in a way that does not endanger the quality of the overall server performance.
The Company has the right to decide in its sole discretion which queries executed towards any database is considered as slow. Slow queries are being considered as a burden, endangering the overall server performance. Failure to comply with this might lead to a warning, suspension or possible account termination.
Fair usage of MySQL/PostgreSQL resources
* The Customer agrees not to use more than 10 percent of the system resources in any second, spent in MySQL queries towards databases under the account in question.
* The maximum allowed size of MySQL/PostgreSQL allowed on a reseller hosting server is 499Mb, while the recommended, in the best interest of either party (the Customer and the Company), is 299Mb.
* Databases with size over the recommended are considered as critical sized, therefore endangering the server performance. Databases above critical sized measure mentioned herein are subject to temporary or permanent suspension, termination or rotation without prior notice or request by the Company.
* The Customer is solely responsible to manage the databases and scripts interacting with them so that they are in compliance with this part of the Terms of Service document.
System Security and XauZit Cloud Systems
1) Unauthorized access to third party networks or systems is prohibited. Any access to third party networks or systems outside of the Customer’s direct control requires authorization from the third party. Any account found connecting to a third party network or system without authorization is to be suspended. The Company may, at its discretion, request documentation to prove that the Customer’s access to a third party network or system is authorized, and that may include the express written consent of the third party.
2) Compromised accounts subject to suspension. Any account that is found to be compromised is subject to suspension and/or termination. If the Customer does not clean up their account after being notified by The Company of an ongoing issue, The Company reserves the right to keep the Customer’s account suspended without compensation, for as long as the issue is resolved.
3) Customer accounts might be migrated to a different datacenter. The Company reserves the right to migrate accounts from one datacenter to another in order to comply with applicable data center policies, local law or for technical or other reasons without prior notice.
99.9% Server Uptime Guarantee
For annual downtime of more than 0.1% on the server(s), where the Customer’s account(s) is hosted, the Customer will receive compensation if all the conditions below are met:
* The Customer has used the Company hosting service for at least 12 months.
* The server (s), where the Customer hosting account is located, experiences a total downtime of more than 0.1% in a period of 12 months after the account activation or during any of the consecutive 12-month periods.
* The reason(s) for the server downtime occurrence(s) were not beyond the Company influences, which include but is not limited to: DDoS attacks, Internet connectivity problems, electricity outage, hardware failure, software failure and force major events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment relative to the server uptime, etc.
* The Customer requests his/her compensation not later than 30 days after the 12 month period, in which there was a downtime bigger than 0.1%, has ended.
* The Customer will be compensated with a credit equal to the fee they have paid for the hosting service prorated by the number of hours in which the Service was interrupted because of the downtime.
Providing Technical Support Policy
To the maximum extent applicable under national law and without affecting your rights as a consumer, all support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in the Company’s Terms of Service. While we will use reasonable efforts to provide technical support to you and to perform any work you request in a timely and professional manner, we cannot guarantee the result you expect or that issue might not occur again. We retain the right to refuse to provide technical support to you if your use of technical support exceeds that of similarly situated customers, or if you are verbally abusive to our employees or contractors. We may refuse to perform any request that requires changes not compatible with the Services or is not related to them or might create a security risk or endanger their performance.
The Customer can request technical support only by opening a ticket through the ticketing system located in the Client Area. The Company will have no liability to provide technical support if it is requested in any other way, different from the ticketing system.
The Customer acknowledges that by asking our technical representatives for technical assistance, they authorize their intervention and operation in the Customer’s hosting account, cPanel and/or Client Area. If you request technical support, you agree that we may have full access to all aspects of the Services accessible to us based on your request. You are solely responsible for any changes you make to your account after we complete your request.The Company cannot and will not be liable for any delays or increased costs or expenses associated with Customer’s failure to provide any of such information.
The Company will do its best to provide the requested technical support in the time frame expected by the Customer and to achieve the results required by every particular request. The Company, however, has no obligation to complete the requested Technical support by any deadline or achieve any particular outcome or result.
The Company provides technical support in the best interest of the Customer and does not guarantee the successful outcome or result of any operation requested. The Customer agrees to accept technical support upon sole own discretion and responsibility.
The Customer should not abuse the ticketing system. Abuse of the ticketing system includes, but is not limited to, an excessive number of tickets opened by a single Customer, aggressive and/or harassing behavior, etc. Any abuse of the ticketing system may result in warning, ticketing system access restrictions, hosting account suspension or possible hosting account termination with no refund.
The Company has the sole right to decide what constitutes an abuse of the ticketing system and applies an additional fee, depending on requests frequency. No additional fee will be formed in this document. Additional fees are formed “on demand” principle by The Company representatives. If an additional fee for certain service is requested, no service will be provided by The Company prior invoiced fee is paid. Any additional fees paid by the Customer for technical support are non-refundable.
Website Content Policy
1) Materials that are unacceptable on The Company’s servers include, but are not limited to:
* Topsites (warez)
* IRC Scripts/Bots
* IRCD (irc servers)
* Proxy Scripts/Anonymizers
* Image Hosting Scripts (similar to Photobucket or Tinypic)
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/Spam Scripts
* Banner-Ad services (commercial banner ad rotation)
* File Dump/Mirror Scripts (similar to rapidshare)
* Commercial Audio Streaming (more than one or two streams)
* Escrow/Bank Debentures
* High-Yield Interest Programs (HYIP) or Related Sites
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
* Sale of any controlled substance without prior proof of appropriate permit(s)
* Prime Banks Programs
* Lottery/Gambling Sites
* Hacker focused sites/archives/programs
* Sites promoting illegal activities
* Forums and/or websites that distribute or link to warez/pirated/illegal content
* Bank Debentures/Bank Debenture Trading Programs
* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
* Mailer Pro
* Push button mail scripts
* Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
* Tell A Friend Scripts
* Anonymous or Bulk SMS Gateways
* Bitcoin Miners
* PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc)
2) Child Pornography Prohibited. Content that is potentially harmful to minors, as determined in The Company’s sole discretion, is strictly forbidden, including without limitation, child pornography or content that is perceived to be child pornography. Any account found to contain child pornography or linking to child pornography will be subject to immediate suspension without notice.
3) Other Prohibited Content. The Company reserves the right to refuse service to anyone. Any material that, in the Company’s judgment, is illegal, obscene, threatening, or violates the Company’s Terms of Service or policies in any manner may be removed from the servers (or otherwise disabled), with or without notice
Servers Configuration Policy
The Company has configured its servers based on its best knowledge for optimal server performance and stability. The Company can make changes at the server configuration at any time without prior warning to the Customer if it is in its best interest. This is done for achieving better server performance and stability.
The Customer agrees that they will not be able to perform any activity from their account, that will be in contradiction with the server configuration, as such activities are endangering the quality of service and the overall server performance. The Company reserves the right to perform application version changes and updates at any time without prior warning to the Customer. This is done in good faith for achieving better server performance and lowering the resource usage by the Customer’s website.
The Company shall not be liable if any part of the Customer’s account or website is not compatible with any system update and for any loss or damage arising therein. The Company reserves the right to be set off of any kind of liability, in case that the provided server configuration is not matching any particular application’s requirements or module/component’s requirements. The Company should not be held liable for any opportunity loss, intellectual damage or loss of profit arising therein.
Limitation of Liability
The Customer agrees that, to the maximum extent permitted by the applicable law (if any), they will not, under any circumstances including, but not limited to — negligence, hold The Company or it licensees, agents, employees, executives and/or third party vendors liable for any indirect, incidental, special, consequential or punitive damage whatsoever including, but not limited to — damages for lost profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you or any other third party.
In no event The Company will be liable to The Customer in the aggregate with respect to any and all breaches, defaults or claims of liability under this document or under any document greater than the exact monthly fee paid by you to us preceding a claim giving rise to such liability.
Certain jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damage. The Customer agrees that in those jurisdictions, the liability of The Company will be limited to an amount not greater than the exact monthly fee paid as per the hosting plan used.