Terms of Service
SETTING UP ACCOUNT AND EMAIL
Xan Host will set-up account for client upon receipt of payment, after Xan Host and payment partner(s) have screened and verified the order(s) in case of fraud. Client is responsible for providing Xan Host with a valid email address that is not @ <domain name> that client is seeking with Xan Hosting. Xan Host will save given email address as primary contact information through which client will be notified in case of abuse issue, technological problems, and other circumstances. Client must ensure that given contact information is updated to keep it current. Xander Hosting will terminate all services if contact information is found false.
Xan Host will help client move site to our server as courtesy service and not as guarantee as per availability, possibility and time needed to complete the account transfer. Hosting companies use varied configurations and client's prior hosting company may have incompatible or proprietary format, which may pose many difficulties in the migration of account data. Xander Hosting's transfer team will do its best to assist in the transfer but may not always be able to accomplish this if prior is incompatible. In this unique circumstance client will be given a refund. Xander Hosting offers free transfer service that is available a month from the sign up date. Transfers beyond the given period will entail a monetary charge.
Xan Host services may only be used for lawful purposes, as per the laws of the State of Nevada, State of Texas, the State of Florida, and the United States of America. According to Xander Hosting TOS, client will not hold Xan Host/ Xander Hosting/ Alexander LLC responsible for claims resulting from use of Xan Host services. Users are prohibited from employing Xan Host services to infringe copyright or trademark, included unauthorized copying of books, music, photographs, and other copyrighted materials. Selling or offer of such fraudulent products will result in immediate termination of client's account. Accounts found to be violation copyright laws will be disabled and removed. Repetition of such activities will result in suspension of account and its probable termination from Xander Hosting. Complaints regarding such activities may be emailed at firstname.lastname@example.org with details.
In case of violation of our Terms or Conditions, like hosting of adult, gambling or any illegal sort of website, www.xanderdesigns.com has a right to terminate the services and there will be no refund for any such cases.
SHARE WEBHOSTING ACCOUNTS AS BACKUP/STORAGE DEVICE
Xan Host does not allow client to use a shared account as backup or storage device. Exceptions are made only for one cPanel backup of the same account. Clients are discouraged from taking backups of account backups. Other materials that will be found unacceptable on Shared servers are: IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Topsites, IP Scanners, Image Hosting Scripts, AutoSurf/PTC/PPC sites, Mail Bombers and Spam Scripts, Bruteforce Programs/Scripts/Applications, Banner Ad Services, File Dump and Mirror Scripts, more than two commercial audio streaming, Escrow and Bank Debentures, High Yield Interest Programs and related Sites, Prime Bank Programs, Lottery Sites, Advertisement and Selling of controlled substance without having submitted proof of appropriate permit to Xander Hosting, Investment Sites, RPGs, MUDs, PPBGs, Hate/Racist/Harassment oriented sites, Hacker focused sites/archives and programs, Sites promoting illegal activites, Websites and forums that distribute or link to pirated/illegal/warez content, Fraudulent sites, Mailer Pro, etc.
Xan Host services and related networks, devices, and equipments are given strictly to customers authorized for such use. All Xander Hosting systems may be monitored to ensure quality, better management, protection against unauthorized access, verification of security procedures, operation security, and recommendation for future improvements in Xan Host Services. Monitoring will involve examination of information, which may be copied or recorded for authorized purposes. To use Xander Hosting services automatically refers to user's consent of these monitoring procedures as required.
Xan Host reserves the right to authorize or deny use of its services. Materials that Xan Host judges as threatening, illegal, obscene or a violation of its TOS will be disabled or taken off with or without notice.
Client's failure to respond to emails sent by Xan Host Abuse Department within a period of 48 hours may lead to suspension or termination of authorized services. By using Xan Hostservices, client agrees to deal with abuse issues through email within given stipulated time period.
Xan Host strictly forbids anything that may cause potential harm to minors, including but not limited to child pornography or content perceived to be as such or related. Sites found hosting child pornography or linking to such contents will be suspended or terminated without notice.
Reselling is prohibited. If site is found, Xander Hosting will suspend site and notify client to terminate account. All activities of such a site will be monitored and repetition of prohibited activities will result in termination of account.
Direct customers' services may be terminated with or without notice.
Violations of TOS will be reported to appropriate law enforcement agency.
Client agrees to appropriate payment for services given by Xan Host as per time period quoted on a recurring basis which is yearly. Client agrees to notify Xan Host of cancellation of any or all services received there is no refund for unused time. Client will ensure that payment information and data is updated and all invoices are paid on time, yearly from the date of inital service and payment. Xan Host may contact client if payments are not made on time and add a late fee. Xander Hosting may suspend account if client does not respond with required payment within 30 days of due date. Late charge of $25 will be applied to account 15 days after due date if payment is not made in full on recurring date of service. Xander Hosting reserves the right to change monthly payment rates and other charges at any time. If change is made it will not be implied until clients next yearly due date.
Cancellation of Xan Host Services must be put in written format. Xan Host will review and confirm required information upon receipt of the notification and inform client of cancellation of account in writing, usually through email. Confirmation of such cancellation will entail a tracking number as reference to client request for verification purposes. If client does not receive such an email or a confirmation within a day of submitting a request, client will take the initiative to contact Xander Hosting via phone. Xan Host will confirm client's identity, request for removal of files and emails in given account, and document all related transactions and activities. These procedures are carried out to reduce the risk of mistakes, fraud/malicious requests and ensure client's awareness regarding removal of files, emails, and account data upon processing the cancellation request. Xander Hosting reserves the right to cancel client account at any time with or without notice.
TERMINATION OF ACCOUNT
•Never login into FTP
•No updation of websites
•Never login into client area
The usage of abusive language or threats in any form would be considered as violation of TOS.
BACKUPS AND LOSS OF DATA
Use of Xan Host services is at client's sole risk. Xander Hosting backup services are given as courtesy and webhost Xan Host will not be held responsible for data or files residing in client account. Client will bear full responsibility for such files and data transferred and will maintain appropriate backups for any such data stored on Xan Host servers.
USE OF XANDER HOSTING RESOURCES
Users may not use 25% or more of given system resources for more than a minute and 30 seconds. Users are not allowed to run stand-alone, unattended server-side processes at any time on the server, including daemons. They are discouraged from running web spider or indexer on shared servers, software that interfaces with an IRC network, bit torrent application, tracker, or client. Users are allowed to link to legal torrents off-site, but are not allowed to host or sore them on Xander Hosting's shared servers. Users may not participate in file-sharing/peer-to-peer activities, run gaming servers, cron entries with interval s of less than 15 mins.
Xan Host's inode limits are as follows:
Using over 250,000 inodes on shared accounts will incur warning. If client does not amend, suspension of site will follow. If account exceeds 50,000 inode limit, it will be removed from our backup system automatically. Each file in client account uses up an inode. Sites that exceed inode limit slightly will not immediately be sent a warning but if accounts consistly create problems due to use of excess inodes, accounts will be flagged.
Hosting accounts that use over 20 G disk space will be removed from Xander Hosting's offsite weekly backup. Exceptions will be made for databases that are still continuing to be backed up. All received data will be mirrored to secondary drive to protect against data loss if a drive failure should occur.
Xan Host offers clients disk space, bandwidth, email and/or file transfer protocol (FTP) accounts. The details for each are defined according package services bought upon purchase. Sometimes, Xander Hosting will not have defined the amount of bandwidth or disk usage for client. This undefined status is referred to as 'unlimited' bandwidth or disk space. Client will not be allowed to use such unlimited bandwidth/space packages for backup/storage purposes. However, Xander Hosting services are designed for normal use and if usage patterns and amount are not normal, client may risk suspension, discontinuation, or deletion of account. Xander Hosting will define such user agreements upon purchase. Client will be given a monthly bandwidth limit, which varies according to the host package purchased from Xander Hosting. If client's account exceeds the allocated bandwidth limit, Xander Hosting reserves the right to suspend account until a following allocation is started or client purchases additional bandwidth, upgrades, or terminates account. Unused bandwidths do not roll over on a monthly basis.
Xan Host reserves the right to change prices listed and the right to increase or change amounts for resources given to plans at any time. Clients will be notified about changes that directly affect them.
Xan Host/Xander Design/ Alexander LLC will not be held responsible for any damages that client businesses may suffer. Xan Host also makes no warranties of any type, expressed or implied for services provided. Xander Hosting disclaims all warranties, merchantability or fitness for specific purpose, including loss of data caused due to delays, wrong delivery, no deliveries, any and all service interruptions caused by Xan Host parenting kvchosting orits employees.
DISCLOSURE TO LAW ENFORCEMENT
Xan Host reserves the right to disclose subscriber information to law enforcement agencies without consent or notifying subscriber if lawful request is made from such agencies. Xan Host will cooperate fully with such law enforcement agencies.
Procedure and notice for claiming copyright or intellectual property infringement
Xan Host requests users to respect others' intellectual property rights. We emphasize the practice of such respect within our company as well. If at any point we should receive complaints or information about infringement of intellectual proper or copyright of others, we may disable or terminate the user account, depending on circumstances. If user believes that their work has been copied or used in ways that violent copyright infringement laws or intellectual property rights, you may contact Xan Host with information.
TERMS OF CONDITION CHANGES
Xan Host may revise its Terms of Service and other policies at any time without prior notice.