Terms of Service
xHOSTBD.com have certain Terms and Acceptable usable policy to follow.

xHOSTBD WEB SERVICE AGREEMENT

This XHOSTBD Terms Of Service agreement (hereafter referred to as the “TOS”) lays down the terms and conditions by which XHOSTBD’s Services (hereafter referred to as the “Services”) will be provided to you upon registration. You certify that you are at least 18 years of age. The TOS also describes prohibited uses of the Services. This TOS is not exhaustive and XHOSTBD reserves the right to modify it from time to time, effective when notification is posted at www.xhostbd.com. No verbal or written agreement/statement by any XHOSTBD employee or at XHOSTBD’s website will take precedence over the TOS. On registering for and using any Services provided by XHOSTBD, you the Customer agree to all the terms and conditions of the TOS, as modified from time to time, in its entirety. If Customer resells/represent the Services he or she is paying for, the Customer will be responsible for his or her Clients. XHOSTBD only recognizes the Customer who is paying for the Services and not his or her clients. Violation of the TOS or any such action that XHOSTBD deems inappropriate may result in the termination or suspension of the Services for the Customer.

New Accounts

We will setup your account 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. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.

Domains

If you have a domain name registered with xHOSTBD, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. xHOSTBD is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should login to your clients area and change them by your self. Providing false contact information of any kind may result in the termination of your account.

We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name(s) until you have been notified that it has been registered.

The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and Nominet in the case of domain names ending with .UK you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.

Content

All services provided by xHOSTBD. are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Bangladesh Government’s local law is prohibited. This includes, but is not limited to copyrighted material, the material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless xHOSTBD, from any claims resulting from the subscriber’s use of xHOSTBD’s services which damages the subscriber or any other party.

We do not allow Web Proxy Services / Scripts or file hosting services on our shared web hosting server or web hosting plans. No remote uploading/processing scripts usage like the rapid leech, Phpmusicsearch, Rapidshare premium link generator, etc are not allowed on our shared web hosting server. Torrent seeding using torrent flux or similar script may also cause a suspension in our network immediately. You are also not allowed to host an Image Hosting site with us on our shared web hosting server or web hosting plans which takes lots of CPU resources and abuse the server memory, but such materials aren’t limited to our VPS/Dedicated Server plan. Although, we do allow lightweight video streaming using FFMPEG on the shared web hosting server till you are in the acceptable CPU range, though if malicious material is found through a complaint from the abuse department, certain action will be taken in an urgent manner. But no video streaming matters are not limited on our VPS/dedicated server plans.

Examples of prohibited content or links include (but are not limited to):

  • * Topsites
  • * IRC Scripts/Bots
  • * Proxy Scripts/Anonymizers
  • * Pirated Software/Warez
  • * 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 Sites
  • * MUDs/RPGs/PBBGs
  • * Hateful/Racist/Harassment oriented 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

Using any shared web hosting account provided by XHOSTBD as a backup/storage (files/database dump/file sharing media etc.) device is not permitted. XHOSTBD’s shared web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. A shared web hosting account is for website storage only not for a remote file storage service. If we find any shared web hosting account involve with such storage activity will be considered as abuse of XHOSTBD’s TOS and is subject to immediate suspension/termination of the service. But backup/storage matters are not restricted on the VPS/Dedicated Server plans.

Any website whose disk space usage for storing the files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using an unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be notified. If you do not have any negative intentions such as causing harm to our server or to others with the files you keep, then you have nothing to worry about.

XHOSTBD services, including all related equipment, networks, and network devices are provided only for authorized customer use. XHOSTBD systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of XHOSTBD system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. XHOSTBD may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at support[at]xHOSTBD[dot]com 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: Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Zero Tolerance Spam Policy

XHOSTBD has a zero-tolerance policy regarding unsolicited commercial email (UCE) and unsolicited bulk email (UBE) also known as spam mail. The definition of spam: An electronic message is spam mail IF:

(1) the recipients personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND(2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.

You will be cited with UCE/UBE Abuse if you send an email to persons who have not specifically asked to receive the email from you. The sending origin of such email is irrelevant. Upon confirmation of abuse, any XHOSTBD customer engaging in this practice will have their service suspended. Not only does spam place a strain on the server that can negatively affect that servers uptime record and performance record, you subject that server to the possibility of being blacklisted.

If your site will be sending mailings out to subscribers, this is a checklist of what you are required to do:

  • * You must not try to hide, forge or misrepresent the sender of the e-mail and sending site of the e-mail.
  • * Bulk mailings must specifically state how the persons e-mail addresses were obtained and must indicate the frequency of the mailing.
  • * Bulk mailings should contain simple and obvious unsubscribe mechanisms. We recommend that this be in the form of a working link to a one-click unsubscribe system; however, a valid address may be used instead.
  • * All subscription based e-mail must have valid, non-electronic, contact information for the sending organization in the text of each e-mail including either a phone number or physical mailing address.
  • * All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to AOL upon request.
  • * Sending Unsolicited Bulk Email. The sending of any form of Unsolicited Bulk Email through XHOSTBD servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on XHOSTBD servers, is prohibited. XHOSTBD accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
  • * Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by XHOSTBD customers must be Closed-loop. The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any XHOSTBD-hosted domain, or referencing any XHOSTBD account, is prohibited.
  • * Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

Script Usage Policy

XHOSTBD provides our clients with Web Hosting accounts that permit the use of CGI files, PHP scripts, and other executable programs. Because these scripts use much more system resources than standard HTML pages, certain restrictions must be made governing the use of such “active content” systems. We regret that in many cases we are unable to determine what specific script or application is causing the system resource over-run. Under most circumstances, we are able to pin-point it to the offending account on the system. The following rules apply to all “active content” files as listed above:

  • * The script must use low system resources. Scripts that consume a large amount of our RAM or processor will be subject to immediate suspension until the owner can be notified and an alternative solution is reached.
  • * Each user account may not use more than 20% of system resources at any given time. If an account is consistently using 20% or greater system resources, the account holder will be warned and if no action is taken on behalf of the account holder the account may be suspended.
  • * The scripts may not interact with any server configuration or hardware. Accounts running these scripts are subject to immediate account termination without refund.
  • * The script can not be used or referenced from any other site not hosted by XHOSTBD.
  • * The script must execute in a timely fashion. Any script that uses the processor for more than a few milliseconds is subject to removal.
  • * Any script that appears to be designed specifically to attack or otherwise maliciously affect the server is completely unacceptable, and if such scripts are found in your account the account will be terminated immediately and your actions will be reported to the proper local, state, and federal authorities and legal action will be taken to prosecute the account holder to the fullest extent of the law by XHOSTBD.
  • * Perl-based chat room scripts are strictly prohibited.
  • * Scripts that require high-bandwidth usage, such as non-Perl chat room scripts or banner rotation scripts, will be allowed to run only on our high-end accounts.
  • * Scripts must be kept secure. Unnecessary chmoding scripts to 777 is a violation of this policy. Keeping scripts in a publicly viewable directory (one without a index.html file) is also in violation of this policy.
  • * Ensuring security of your website script is totally your responsiblity. XHOSTBD won’t take any liability to any kind of loss happens to your account because of the leak or backdoor of your script.

NOTE: If a script will NOT execute with a permission other than 777 (rarely the case) you may contact customer care to get approval for the script which will be given under most circumstances.

Any accounts with scripts found in violation of these policies are subject to the future scrutiny of all CGI, Perl, CFM, ASP, and PHP scripts by our System Administrators. If a script is found to be harmful to the system, it will be killed immediately and the account locked down until the account owners have been contacted. Malicious scripts are subject to immediate account termination without refund of any pre-paid monies.

Resource Usage Policy

a) Server Resource Abuse Policy (SRAP):

Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server. The abuse and misuse of system resources is a serious problem, and XHOSTBD does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory that can be used by anyone account.

In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.

AVERAGE SERVER RESOURCE LIMITS:

  • * Memory usage may not exceed 10% per account/file/application.
  • * CPU usage differ in different shared hosting plan, which found on there plan details page.
  • * Apache connections may not exceed 30 connections.
  • * 15 MySQL maximum user connections allowed.
  • * 250 emails per hour, per domain.
  • * Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • * Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • * Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • * Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  • * Participate in any file-sharing/peer-to-peer activities.
  • * Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
  • * Run cron entries with intervals of less than 15 minutes.
  • * When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
b) Illegal Usage :

XHOSTBD servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. Any type of forum/discussion board discussing where to obtain such files or one that distributes the files is also prohibited. The subscriber to XHOSTBD service agrees to indemnify and hold harmless XHOSTBD from any claims resulting from the use of the service that damages the subscriber or any other party. XHOSTBD will be the sole arbiter as to what constitutes a violation of this provision.

c)Illegal Content:

XHOSTBD does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. No warez is allowed. Web proxies are not tolerated. This includes NPH-Proxy and web proxy. If your site is found to hold any proxy files, your account will be suspended and the account holder will be issued a fee of $50 USD. When using an account with shell, you are not allowed to run ANY servers or services on the XHOSTBD network. Servers are defined as perlbots, proxies, BitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc. Running any of these will face an immediate suspension, and users will be subject to a fine no less than $50.00 USD, and no more than $100.00 USD. XHOSTBD reserves the right to terminate an account for these activities also.

d) Software Distribution:

XHOSTBD web hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact our sales for special arrangement.

e) Chat Rooms:

XHOSTBD does not provide nor allow chat rooms on shared hosting environment. You may elect for a dedicated server to run a chat room efficiently.

f)IRC:

XHOSTBD does not allow IRC or IRC bots to be operated on our shared or reseller servers. They are allowed on dedicated servers provided that no negative effects occur to our network.

g) Liabilities:

XHOSTBD, makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall XHOSTBD be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this website or from any information, services or products provided through your website. We are not responsible for any content on any server in our network and will not take any action against any questionable material or action until the website in question is brought to our attention by emailing us.

IP Address Ownership

XHOSTBD shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by XHOSTBD. XHOSTBD reserves the right to change or remove any and all such IP numbers and addresses.

Transfers

Our migration team will make every effort to help you move your site to us. However, transfers are provided as a best effort service by our migration team, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases, we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 03 (three)days from your sign up date. Transfers outside of the 03 (three) day free period will incur a charge; for reseller/master reseller first twenty (20) end user account of his/her old host will transfer free of cost and for additional each account it’ll cost 100 BDT or 1 USD.

Satisfaction Guaranteed

30 Day Guarantee Statement valid only for Web Hosting service. If for any reason you are unhappy with the services you receive from XHOSTBD during the first 30 days of service (Only Web Hosting), you may request in writing via email or by our cancellation form (as mentioned below) that your services be discontinued at which time you will receive a full refund*. You must also state a detailed reason as to why you are canceling (as we request any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel. If client violated the terms and conditions and suspended in that case refund will not be offered also if He/She asked for cancellation and then agreed to continue using services can’t ask second time for refund.

* Domain Registration/renew/transfer or SSL or SiteLock etc. + Processing Fee will apply.

Payments

When you subscribe to our services, you are subscribing to a pre-paid. All due payment invoice can be paid online using shurjoPay and also through an offline method like Bank Transfer.

Renewal notices are sent several times via email from 30 to 1 days before the renewal date. In the event that your yearly charge is denied and we are unable to contact you, then the aforementioned late fees to enable your account shall apply. Please address any questions regarding payment to XHOSTBD sales from our clients’ area.

If a shared/reseller /Email Server/Spam Filtering/File Hosting etc. account has a past due invoice, we will perform the following actions:

  • 1 Days – Accounts are suspended
  • 7 Days – Late Fee Added
  • 15 Days – Accounts will be terminated

If a VPS/Dedicated account has a past due invoice, we will perform the following actions:

  • 1 Days – Accounts are suspended
  • 2 Days – Late Fee Added
  • 7 Days – Accounts will be terminated

Cancellations

If you wish to cancel your services, you must write to sales or request a Cancellation from your clients area.

Refunds/Account Termination

If for any reason, XHOSTBD fails to deliver said services, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces XHOSTBD to suspend or terminate your services prematurely. In the event, you request account cancellation, once your service has been canceled your account will be suspended from use. It will then be deleted within 30 days. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 10-day period. If a customer has more than one account under his name, XHOSTBD reserves the right to suspend all the account due to a non-payment of one or more accounts till all the payments are cleared.

* No Refund will be issued if you are using second time our service it’s only offered once a customer for any product.

* No Refund will be issued if you will found in violation of our terms and conditions.

Security

Users are prohibited from violating or attempting to violate the security of the XHOSTBD Network. Violations of system or network security may result in civil or criminal liability. XHOSTBD will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

  • 1. Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access,
  • 2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
  • 3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, ping flooding, mail bombing,
  • 4. Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
  • 5. Taking any action in order to obtain services to which such User is not entitled,
  • 6. Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations.

Each hosting package purchased is unique to a domain name and use – you are not allowed to purchase multiple plans to obtain combined bandwidth & space. XHOSTBD will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Abuse

Any attempts to undermine or cause harm to a xHOSTBD Web server or subscriber of xHOSTBD Web is strictly prohibited including, but not limited to:

  • * Logging into a server or account that you are not authorized to access.
  • * Accessing data or taking any action to obtain services not intended for you or your use.
  • * Attempting to probe, scan or test the vulnerability of any system, subsystem or network.
  • * Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization.
  • * Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System.
  • * Interfering with, intercepting or expropriating any system, data or information.
  • * Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding, “mailbombing,” or “crashing” any computer system.

You will be held responsible for all actions performed by your account whether it be done by you or by others.

Scheduled Maintenance and Downtime

XHOSTBD Web server will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond XHOSTBD Web’s control or which are not reasonably foreseeable by XHOSTBD Web, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. XHOSTBD Web will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. XHOSTBD Web has no responsibility for downtime resulting from a user’s actions. Also, the 99.99% network uptime guarantee does not apply for shared accounts.

Responsibility (Reseller/Client)

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of XHOSTBDs service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of XHOSTBD to provide this knowledge or support outside matter specific to XHOSTBD servers.

Backups and Data Loss

If you use any service of XHOSTBD is at your own risk. Our backup service is run on Friday or Sunday of each week, and provided to you as a courtesy. XHOSTBD is not responsible for files and data residing on your account. You agree to take full responsibility for your files and data transferred and to maintain all appropriate backup of files and data stored on our servers. Backups will not be provided for accounts that have been suspended or terminated for any reason.

XHOSTBD takes extreme steps to maintain system integrity. However, XHOSTBD shall not be held responsible for the loss of data due to any cause. To ensure the highest level of data protection, XHOSTBD recommends that ALL information be backed up on their own computer. As with any data that you hold a high importance to, it should be in more than one location at all times.

Only XHOSTBD’s shared web hosting server user is having automated complementary (no data consistency or guarantee is included) remote data backup (any account having more then 100 GB of data is not covered under the complementary remote data backup features) option available with no extra charge which is primarily designed for restoring the data from the last best backup if the shared web hosting server ever faces any hardware failure, not customer user error.

VPS/VDS/Dedicated server user doesn’t have any data backup option includes by default. Nor even any backup of the VPS/VDS/Dedicated server customer’s data is stored on XHOSTBD’s side for any disaster recovery purpose. So, it’s always the customer’s responsibility to create their backup strategy.

We reserve the right to remove any file infected with malware immediately without prior notice. Backups will not be provided for accounts that contains malware infected file.

Actions

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. XHOSTBD will be the sole arbiter as to what constitutes a violation of the AUP. XHOSTBD reserves the right to remove any account without prior notice.

When XHOSTBD becomes aware of an alleged violation of its AUP, XHOSTBD will initiate an investigation. During the investigation, XHOSTBD may restrict a customers access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, XHOSTBD may, at its sole discretion, restrict, suspend, or terminate a customers web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, XHOSTBD will notify the appropriate law enforcement authorities of such violation.

XHOSTBD does not issue credits for outages incurred through service disablement resulting from AUP violations.

XHOSTBD customers agree to indemnify and hold harmless XHOSTBD from any claims resulting from the use of our services that damages them or any other party. The XHOSTBD service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. XHOSTBD expressly disclaims any representation or warranty that the XHOSTBD service will be error-free, secure or uninterrupted. No oral advice or written information given by XHOSTBD, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. XHOSTBD and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification

xHOSTBD reserves the right to add, delete, or modify any provision of this policy at any time without notice.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of the refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true to issues with spam or any script abuse. Another example of the refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening. Said customers account will be suspended and we will recommend to the customer to find a new host. A backup of the account(s) will be provided.

There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.

General

  • * Terms Of Service are subject to change without any prior notification.
  • * These Terms of Service are a legally binding contract between the subscriber and xHOSTBD.
  • * By opening an account, the subscriber agrees to the above-stated terms.
  • * Anything not listed in the Terms of Service is open to interpretation and change by xHOSTBD. Administrators without prior notice.
  • * All prices, with the exception of the 30-day money back guarantee, are nonrefundable and non-negotiable.
  • * Any violation of these Terms of Service will result in termination of the account. xHOSTBD Maintains the right to terminate accounts without prior notification.
  • * We reserve the right to remove any account with 15 days prior notice.