Terms of services

This document includes the terms and conditions that apply to the use of the services and products available through wdes Ltd.

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General Terms

General Acceptable Use Policy

01.

Intro

When engaging with the services provided by Xonhost.com, it is essential to acknowledge and adhere to the following terms and conditions.

By utilizing our products and services, you enter into an agreement bound by the policies outlined herein, as well as those detailed in our Privacy Policy and Acceptable Use Policy. Please note that we retain the right to modify and alter the Terms of Service at our discretion, with or without prior notice. It is your responsibility to regularly review and acquaint yourself with the current Terms of Service. Failure to comply with these terms may result in the termination of your service.

We want to clarify that the registration of a domain name is not a guarantee that it can or will be registered under your name. Confirmation of registration will be communicated to you upon successful registration.

The registration and usage of your domain name are subject to the terms and conditions set forth by the relevant naming authority, such as ICANN for .COM/NET/ORG and Nominet for .UK domains. It is imperative that you are aware of and comply with these terms. In the event of a dispute between you and another party, resolution must be sought independently. While we reserve the right to withhold, suspend, or cancel a domain name at our discretion, we are not obligated to participate in the dispute.

We will not transfer any domain to another provider until full payment has been received. All service charges must align with the rates published on our website and are due and payable in advance of service provision.

In the event of non-payment by the due date, we reserve the right to suspend the provision of services immediately. You agree to indemnify and hold us harmless from any breach of these terms or claims brought against us by a third party related to our services.

Failure to pay sums due may result in the suspension or termination of services without prior notice. If you violate these terms and fail to rectify the breach within seven (7) days of written notice, we may terminate the agreement. Furthermore, termination is possible if you enter into insolvent liquidation, appoint an administrator or administrative receiver, or engage in a voluntary arrangement with your creditors.

Upon termination or service suspension, we reserve the right to block your website immediately and remove all data. We may choose to retain this data for a specified period, allowing you to retrieve it at your expense, contingent upon the full settlement of outstanding amounts.

02.

Information We Collect

Xonhost may collect information about you as follows:

  • By registering an account, we may collect information provided at the time of registration (name, company name, address, telephone number, and email address).
  • By linking our services to a third-party account, we may collect information from that account such as any authentication tokens involved in authorization.
  • If you contact us, we may collect data regarding your correspondence.
  • We may collect details of your transactions involved in the fulfillment of orders. DianaHost does not store your financial information on our systems. Your financial information is stored with our third-party payment processors. DianaHost does, however, have access to, and may retain, your information through our third-party payment processors.
  • When you visit our website we may capture your IP address, time of and duration of visit, and time and duration of the pages on our website that you view. We may tie this information to personally identifiable information we have about you.
  • When using our services, we may collection information about your utilization, such as processor, memory, storage, and network usage.

03.

Use of Information

At Xonhost.com, we believe in respecting your privacy. Here’s how we use your personally identifiable information:

  1. Transaction Processing: Your information is used for seamless transaction processing.

  2. Customer Support: We utilize your details to provide you with exceptional customer support.

  3. Service Improvement: To continually enhance and expand our services, we analyze how you use them.

  4. Understanding Your Usage: We study your usage patterns to better understand how you interact with our services.

  5. Fraud Prevention: Employing third-party services, we perform fraud checks to verify the information you provide.

  6. Enforcing Acceptable Use Policy (AUP): Your information helps us in detecting, preventing, and resolving any misuse as per our AUP.

  7. IP Usage Reporting: We report IP usage to ARIN, ensuring transparency.

  8. Announcements and Special Offers: We may notify you of special offers or share relevant information via email, SMS, or push notifications.

  9. Service and Marketing Improvement: Your feedback, demographic data, and website visits help us enhance and tailor our services.

  10. Affiliate Referral Information: If you register through an affiliate referral link, we may share information with the referrer to acknowledge their contribution.

We may use cookies to identify you as a repeat visitor or customer when you browse our website. A cookie is a unique alphanumeric identifier that personalizes your visit.

Rest assured, we won’t disclose your personally identifiable information to third parties except in the following cases:

  • Law Enforcement or Regulatory Agencies: In response to a subpoena or request from a law enforcement or regulatory agency.

  • Business Transactions: As part of any proposed merger, acquisition, or similar transaction, where information is transferred to third parties as part of our business assets.

  • Service Providers: Third parties who perform services on our behalf, ensuring they keep your information confidential.

  • Fraud Prevention Services: Utilized for fraud detection and prevention, such as FraudRecord or MaxMind.

  • Protecting Rights: When needed to protect or enforce the rights of others.

Your privacy is crucial to us, and we take all necessary measures to safeguard your information. If you have any concerns or questions, feel free to reach out to us.

04.

Updating, Deleting, and Downloading Your Data

Feel free to make updates to your information anytime through the Account section in the client area or by submitting a support ticket. For certain data fields, we might ask for proof of identification to ensure security.

Should you wish to have your personal data exported, simply open a support ticket, and we’ll handle the process promptly.

It’s important to note that we won’t delete any data necessary for meeting our legal obligations, financial requirements, resolving disputes, and enforcing our legal agreements and policies. Your data’s integrity and security are our priorities. If you have any questions or concerns, don’t hesitate to reach out to us.

05.

Communication

We want to stay connected with you regarding the products or services you've ordered. Expect direct communication from us or through a third-party service provider. If you've opted in through the client area, you might also receive marketing emails. We use various communication methods, including email, text (SMS) messages, IRC chat, push notifications, or automated phone calls. Your preferences matter to us, so feel free to manage your communication settings in the client area accordingly. If you have any questions or concerns about our communication methods, don't hesitate to reach out.

06.

Affiliates

Our affiliate program comes with some straightforward guidelines to ensure fair and ethical practices:

  1. Link Integrity: Affiliates must refrain from masking, hiding, or modifying their affiliate links. Use the provided link as displayed in the client area to maintain transparency.

  2. Compliance with Display Rules: Avoid spamming or advertising in areas or sections of websites that violate the rules of the hosting site. Adherence to these rules is crucial to maintaining a positive affiliate relationship.

  3. Reporting Violations: Any attempt to breach these guidelines, especially through spam or improper advertising, will result in the link being reported. We value ethical practices and appreciate your cooperation in maintaining a fair and respectful affiliate environment.

If you have any questions or need clarification on these guidelines, feel free to reach out to us. We’re here to support you in maximizing your affiliate experience while ensuring a positive and ethical online environment.

07.

Refund Policy

We strive to ensure your satisfaction with our services. If you encounter any issues, please reach out to our support department, and we’ll make every effort to address and rectify the situation. If, despite our best efforts, the problem persists and you’re dissatisfied, you are entitled to a refund within 30 days.

Here are some key points regarding our refund policy:

  • Refund Period: You can request a refund within the first 30 days of service. No refunds will be issued past this period.

  • Non-Refundable Items: Refunds are not available for domain names (.COM, .NET, .ORG), SSL Certificates, domain transfer fees, bulk SMS fund, domain reseller fund, or any products/services provided by Xonhost.com through other companies. VPS or Dedicated servers are non-refundable under any circumstances.

  • Service Termination: No refunds will be provided if we terminate your hosting or other services due to a violation of our Acceptable Use Policy or any other terms and conditions, except as explicitly outlined in those terms.

  • Credit on Account: Credit on your account cannot be refunded and must be used for future purchases and renewals.

  • Dedicated Servers: Dedicated servers are exempt from the 30-day refund policy, and refunds for dedicated servers will be issued at our discretion.

  • Setup Fees: Setup fees are non-refundable.

  • Promotional Accounts: Accounts purchased under a promotion, with or without a promo code, are excluded from the 30-day money-back guarantee.

  • Shared & Reseller Hosting: No refunds are offered for shared and reseller hosting after the initial 30-day period, and changes of mind are not applicable within the first 30 days.

  • Monthly Services: For monthly services like VPS/Dedicated servers, there are no partial or full refunds. However, if you’ve subscribed for more than one month, you’ll receive a full refund for unused periods.

  • Web Services: Refunds are not available for web services such as web design & development, web templates/themes, technical assistance, etc.

Please note that this policy does not affect your statutory rights. If you have any questions or need further clarification, don’t hesitate to contact us. Your satisfaction is important to us.

08.

SLA Conditions

We take pride in providing reliable services, and to ensure your satisfaction, we offer the following uptime guarantee:

  • Uptime Guarantee: If our service falls below 98% uptime in any given month, you are eligible for one free month. To claim this credit, please make the request within 7 days of our monitoring showing uptime below this level.

  • Exclusions: This guarantee does not apply to planned maintenance work, which is exempt from the uptime guarantee. Dedicated servers currently do not have a specific Service Level Agreement (SLA).

  • Calculation Method: Uptime levels are calculated based on our status page and monitoring systems exclusively.

Our commitment is to provide you with a reliable and high-quality service. If you have any questions about the uptime guarantee or need assistance in claiming a credit, feel free to reach out to our support team. Your satisfaction is our priority.

09.

Free Domain Conditions

With any hosting package you choose, enjoy a complimentary domain registration on us. Here are the details:

  • Free Domain Inclusion: You’ll receive a free domain name registration with any hosting package, regardless of the chosen hosting period.

  • Limitations: This offer applies to one domain per account, and it’s important to note that the free domain cannot be transferred to another client during the initial hosting period.

  • Hosting Term Requirement: To qualify for the free domain, a minimum hosting term of 3 months is required. After this initial period, you are free to transfer the domain to another host if you wish.

  • Cancellation before 3 Months: If you cancel your hosting before the 3-month paid period, Xonhost.com reserves the right to cancel or resell the domain associated with the hosting package.

  • Supported Domains: This offer is applicable to .com, .net, .biz, .co.uk, .org.uk, and .me.uk domains only.

We aim to provide value and convenience with our hosting packages. If you have any questions or need assistance regarding your free domain, feel free to reach out to our support team. We’re here to help you make the most of your hosting experience.

10.

Delivery of Services

Upon the successful completion of your payment, you will promptly receive an automated receipt from our systems. We recommend printing and retaining a copy of this receipt in a secure place for future reference. Your unique customer username will be indicated on this receipt and should be used for any inquiries directed to Xonhost.com.

We strive to deliver all ordered goods as soon as the signup process is complete. In the event of any delay, you will be promptly notified via email, telephone, or both. Payment will be deducted at the time of service delivery.

Please be aware that all orders are delivered electronically through email. If you have any questions regarding your order, our support team can be reached at [email protected]. We operate 365 days a year, 24/7, and typically respond within 1 hour of receiving your inquiry.

It’s important to note that the services offered on this site may be subject to export and/or import restrictions. We advise checking the regulations in your country to confirm if these products are permitted for import.

We do not impose additional charges for customers using VISA or MasterCard card schemes. The final price remains the same, regardless of the chosen payment method.

Thank you for choosing Xonhost.com. If you have any further questions or require assistance, please do not hesitate to reach out to us.

 

11.

Web Hosting

Your agreement with Xonhost.com is governed by these Terms of Service and Acceptable Use Policies (“Terms and Policies”). The use of your Xonhost.com account signifies your acceptance of all the terms and policies outlined in this document. It’s crucial to familiarize yourself with and adhere to these terms as they form an integral part of your relationship with Xonhost.com. If you have any questions or concerns about these terms, please feel free to reach out for clarification.

12.

Data Backup / Preservation

In the event of data loss, our default action at Xonhost will be to restore your services to their “day one” state. We make every effort to maintain backups of your data for our use in restoring services when necessary. The availability of these backups to you is at our discretion, unless you have explicitly purchased backup services from us. Complimentary backup files provided to you will be a raw copy of your data, and it is your responsibility to restore your data.

For customers who have purchased backup services from Xonhost, we commit to restoring backups exclusively to your services with us. We do not undertake the restoration of backups to any third-party service or network. It’s important to note that we do not guarantee the restorability of backups, either to our network or to a third party. There is no assurance that our backup will restore your data to any specific point in time.

We do not offer compensation for data loss or associated costs resulting from data loss unless you have explicitly purchased backup services from us. In such cases, our liability is limited to the monthly subscription price of your service with us.

Note: VPS/VDS/Dedicated server users do not have any data backup option included by default. Additionally, no backup of VPS/VDS/Dedicated server customer data is stored on Xonhost’s side for any disaster recovery purpose. Therefore, it is always the customer’s responsibility to create their backup strategy.

However, backup solutions can be provided or provisioned via a third-party vendor with additional pricing according to the third-party vendor’s terms and solutions.

13.

General Terms and Policies

The service provided by Xonhost.com is intended for authorized individuals or organizations, referred to as “Subscribers” or “you.” Your usage of the service is contingent upon the restrictions outlined below. By using the service, you expressly agree to abide by all these Terms and Policies. If you do not agree, it is imperative to cancel your account immediately, and you may not thereafter use or attempt to use the service.

Coverage:

  • For individual Subscribers, these Terms and Policies extend to all individuals gaining access through your account.
  • For commercial Subscribers, these Terms and Policies extend to all employees, agents, and customers.
  • Violations of these Terms and Policies by any user accessing your account will be treated as a violation by you.

Prices and Charges:

  • While Xonhost.com provides the use of cPanel and domain control panels to you free of charge, any incurred charges due to misuse or abuse on your part may be passed on to you.

Term:

  • The service is at your disposal for as long as you choose to use it. However, we retain the right to terminate the service if your usage violates the terms of use.

Backups:

  • Xonhost.com performs one complimentary backup per day for server failure or disaster recovery purposes. You can also log in to the backup server to restore files. This, however, is not a substitute for maintaining your backups, and we are not liable for data loss. You are solely responsible for your data.
  • We do not create backups of High Storage plans, and we do not recommend using these plans for critical hosting. Once again, you are responsible for your data, and we shall not be held responsible for data loss.

It is essential to take note of these terms and policies to ensure a smooth and compliant usage of the service. If you have any questions or concerns, feel free to reach out for clarification.

14.

Grounds for Suspension and Termination

You agree to adhere to these Terms and Policies, and any violation may result in the suspension or termination of your account by Xonhost.com. Xonhost.com reserves the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:

  1. Using the Service in violation of applicable laws, including intellectual property, communications, privacy, criminal, and international law.
  2. Hosting websites dedicated to pornography; legal/illegal adult content is prohibited.
  3. Abusing or violating the privacy or property rights of others, including sending unsolicited bulk e-mail (“spamming”). A cleanup fee of $30 per hour will be charged if our server IP addresses appear on a blacklist due to spam from your account.
  4. Using your hosting as a file or image hosting service.
  5. Attempting to break the security of any computer network, including the Service itself, or accessing accounts, messages, or files that do not belong to you.
  6. Using your account as a backup service; files must be part of your website and linked to from your account.
  7. Forging or misrepresenting headers, addresses, or other identification in electronic mail or websites, including hosting Proxy Server applications.
  8. Uploading, linking to, or storing warez, cracks, or other pirated software.
  9. Assisting in or directly distributing copyrighted material.
  10. Excessively using the Service to limit bandwidth available to others.
  11. Web Hosting service suspension for 1 day invoice overdue; termination for 7 days invoice overdue.
  12. Providing fake or incomplete contact details.
  13. Operating server programs (mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers).
  14. Using the Service for unauthorized relays through any third-party systems.
  15. Attempting to interfere with or deny service to any user or host on the Internet.
  16. Performing a chargeback on any transactions past or present may result in account suspension until resolved.
  17. Mail bombing, which includes instances where multiple messages are sent to a specific destination to render the recipient or the electronic system dysfunctional.
  18. Adding addresses to any mailing list without the explicit positive consent of the addressees.
  19. Attempting to cancel, supersede, or otherwise interfere with email other than your own.
  20. Engaging in harassment through language, frequency, or size of messages.
  21. Using bad language while communicating through our channels may result in service termination.
  22. Engaging in syn flood attacks or any other denial-of-service attacks.
  23. Furnishing false data on your sign-up form, contract, or online application.
  24. No bill credit during suspension; amounts paid for the Service may be retained as liquidated damages.
  25. Security: You agree not to access private areas of the Service and to notify Xonhost.com of any unauthorized use or security breach.
  26. Intellectual Property: Xonhost.com does not examine or review messages, files, or other materials but will respond to complaints of alleged copyright infringement.
  27. Liability: You are responsible for your postings, and Xonhost.com is not liable for third-party material. You agree to indemnify Xonhost.com from any claims arising from your postings.
  28. Voice Communications: Xonhost.com is not a telecommunications carrier for voice communications, and you use the service at your own risk.
  29. Damages: You agree to be liable for any damages or loss of service resulting from spamming or other violations.
  30. No financial liability: In no event will Xonhost.com have financial liability to you.
  31. Warranty: Xonhost.com makes no express or implied warranties regarding the Service, software, or other material available through the Service.
  32. Service and Software: The Service and any software are provided on an “as is, as available” basis, and Xonhost.com does not guarantee error-free, uninterrupted, or secure service.

15.

Resource Usage

Users are prohibited from:

  1. Excessive Resource Usage: Using 10% or more of system resources for longer than 60 seconds. Activities causing such problems include CGI scripts, FTP, PHP, HTTP, etc.

  2. Interactive Real-time Chat Applications: Running any type of interactive real-time chat applications that require server resources.

  3. Unattended Server-side Processes: Running stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

  4. IRC (Internet Relay Chat) Networks: Running any software that interfaces with an IRC network or running any gaming servers related to counter-strike, half-life, battlefield1492, etc.

  5. Bit Torrent Applications: Running any bit torrent application, tracker, or client.

  6. File-sharing/Peer-to-peer Activities: Participating in any file-sharing or peer-to-peer activities.

  7. Frequent Cron Entries: Running cron entries with intervals of less than 15 minutes.

  8. Backup Storage: Creating backups of the account is allowed from the control panel, but these backups may only be stored for up to 7 days. Users are advised to download archives to a local source and remove them from the account. Remotely-hosted services are fully allowed.

Failure to comply with these guidelines may result in account suspension or termination. It’s essential to be mindful of resource usage to maintain a fair and optimal hosting environment for all users.

16.

Excessive Utilization of Resources

We actively monitor and restrict resource usage that exceeds the allocated resources. At our sole discretion, we may take appropriate action if you utilize excessive resources. This action may include, but is not limited to, billing for the additional resources used, temporary account suspension, or permanent account termination. It is important to adhere to the allocated resources to ensure fair usage and optimal performance for all users on our platform.

17.

Content

You acknowledge and agree that the information and access provided through the Service may contain controversial, sexually explicit, or other material that could be offensive to you or to users for whom you are responsible. Xonhost.com bears no responsibility for or control over such materials. You are solely responsible for using any available screening software or implementing other methods to limit access, specifically including the access of minors, to any material that you may find objectionable.

18.

Privacy

Xonhost.com is committed to safeguarding the privacy of its Subscribers. We will not disclose names, addresses, telephone numbers, email addresses, or any other personally identifiable information of any Subscriber to any third party without prior permission from that Subscriber, except when required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service. However, Xonhost.com reserves the right to provide aggregate data on Subscribers to third parties as part of the normal operation of its business.

19.

Disputes

You agree that any dispute between you and Xonhost.com arising from your use of the Service or based on your subscription to and/or use of the Service, which cannot be resolved through direct negotiation, will be submitted by the aggrieved party for binding arbitration under the auspices of English law.

20.

Governing Law

These Terms and Policies are governed in all respects under English laws.

21.

Cancellation Procedure

Cancellation requests must be made through the client area. To initiate the cancellation process, click the icon next to the package you wish to cancel and then select ‘Request Cancellation’. Complete and submit the form. Opting for immediate cancellation means your service will be terminated within 24 hours of form submission. It is your responsibility to cancel any PayPal subscriptions you have set up. Only cancellations submitted before the invoice for that billing cycle is due will be processed. Failure to do so will result in the invoice becoming due. Cancellation requests are only accepted if the account has no outstanding invoices.

22.

Resellers

Resellers are permitted to use their website for personal use or for selling to their own clients. However, hosting free accounts under any circumstances is not allowed. We offer free transfers for up to 10 accounts. Each additional account transfer beyond this limit is subject to a charge of $20 per account.

Regarding discount vouchers, only one voucher can be applied per transaction. If the order value is lower than the voucher amount, the remaining balance is forfeited. Customers are limited to one voucher each. These vouchers can be redeemed against the purchase of any Shared, Reseller, or Dedicated service.

23.

Acceptable Use Policy for Linux VPS services:

The following activities are strictly prohibited and may lead to immediate suspension and/or termination of your account if discovered:

  1. Minecraft and Related Content:

    • Hosting or engaging in anything related to Minecraft, including control panels or websites dedicated to Minecraft.

  2. Specific Games and Platforms:

    • Multics
    • Chobots, Starbound, Runescape
    • Teamspeak and Mumble

  3. Security Violations:

    • Denial of Service (DoS) attacks
    • Port scanning
    • Use of TOR/VPN/Proxy/Anonymity services (VPN and Proxy usage allowed if used by the customer themselves)

  4. Copyright Violations:

    • Digital Millennium Copyright Act (DMCA) violations, including for foreign Subscribers

  5. File Sharing and Downloads:

    • Torrents
    • Illegal downloads/Piracy

  6. Communication Platforms:

    • CamFrog

  7. Cryptocurrency Mining:

    • Virtual currency (*coin) mining

  8. Adult Content:

    • HentaiAtHome

  9. Network Manipulation:

    • IP spoofing

  10. Counterfeit Products:

    • Fake/Replica product websites

  11. Volunteer Computing Projects:

    • World Community Grid

  12. Financial Schemes:

    • HYIP websites

  13. Traffic Manipulation:

    • Booter/Stresser websites
    • HitLeap or any artificial traffic creation

  14. SEO Software:

    • iBusinessPromoter or similar software

  15. Specific Websites and Content:

    • LIULIANGKUANG
    • Chinese private game servers or websites

  16. Virtualization Practices:

    • Nested Virtualization

  17. Cryptocurrency:

    • Anything related to ZenCash

  18. Resource-Intensive Activities:

    • Any kind of high CPU, IO, and network usage

Engaging in any of these activities may result in the immediate suspension or termination of your account.

24.

.BD Domain Terms & Conditions

BTCL (Bangladesh Telecommunications Company Limited) is an accredited registrar with the Internet Assigned Numbers Authority (IANA) for .BD Top Level Domains (TLDs). IANA oversees the .BD TLDs, and the Registrant (you, the client) agrees to certain terms and conditions related to domain registration. Please note the key points in this agreement:

  1. Modification of Agreement:

    • BTCL may modify the agreement as necessary to comply with its agreement with IANA.

  2. Domain Name Registration Approval:

    • BTCL has the sole discretion to accept or reject a Domain Name registration application for any reason.
    • Rejection may occur for various reasons, including but not limited to the registration of a prohibited Domain Name.

  3. Refund Policy:

    • If any domain registration or provisioning from BTCL fails, DianaHost will refund the client the full amount as per the invoice.
    • DianaHost will not take liability for the reasons behind the failure to register or provision the domain.

This agreement ensures that BTCL maintains control over the registration process and has the authority to reject applications based on certain criteria. If any issues arise with the registration or provisioning, DianaHost commits to providing a full refund without assuming liability for the specific reasons behind the failure.

25.

Amendments

The quoted text emphasizes that Xonhost.com reserves the right to amend its Terms and Policies at any time. Key points include:

  1. Amendment Authority:

    • Xonhost.com has the authority to amend the Terms and Policies without prior notice.

  2. Notification Method:

    • Amendments will be posted on the terms of use section of the Service.

  3. Consent Implicit in Use:

    • Your continued use of the Service implies your consent to any amended Terms and Policies.

  4. Termination Option:

    • If you disagree with the amended Terms and Policies and wish to discontinue using the Service, you have the option to terminate your use by providing notice to Xonhost.com.

This notice outlines the process by which Xonhost.com communicates changes to its Terms and Policies, and users are encouraged to review and accept any amendments to continue using the service.

26.

Complaints

The quoted text outlines the process for users to address complaints with Xonhost.com. Key points include:

  1. Complaint Submission:

    • Users are encouraged to submit complaints in writing via email.

  2. Recipient Email Address:

  3. Response Timeframe:

    • Xonhost.com commits to responding to complaints within 10 working days.

This notice provides users with a clear avenue for expressing concerns or complaints and sets an expected timeframe for Xonhost.com to address and respond to these issues.

Note: Xonhost management Keeps the right to change this TOS anytime without any prior notice.