This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Definitions: As used in this Agreement, the following terms have the following meanings:
a: XINIX INFOTECH PVT. LTD." and "XINIX" refers to XINIX INFOTECH PVT. LTD. and all of its sister firms.
b: you","your", customer" and Subscriber" refer to each customer, that is, each person who avails or subscribes for any of Services from XINIX INFOTECH PVT. LTD. or from any of its sister firms.
c: Services" refers to all services which includes but not limited to the domain services, shared hosting services, dedicated servers, seo, or any services provided by us as offered through XINIX INFOTECH PVT. LTD. or any of its sister firms.
d: "Account" means a account / wholesale account opened with XINIX INFOTECH PVT. LTD. or any of its sister firms for the registration of domain names / purchase of web hosting and related items and the payment for such registrations / services ; and
2. The Agreement: This Agreement explains our obligations to you, and explains your obligations to us, for various Services. By using our Services, you have agreed to establish an account with us for such Services. When you use your account, or permit someone else to use it for any purpose whatsoever (whether or not we are notified of your having given authorization to such third party to use your account), this Agreement covers such use and the service sought or rendered.
By opening an account with M/s. XINIX INFOTECH PVT. LTD.. or by using any Services under this Agreement you acknowledge that you have read, and you agree to be bound by all terms and conditions of this Agreement, and any pertinent rules or policies that are or may be published by us. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on XINIX INFOTECH PVT. LTD.™s servers. Also XINIX INFOTECH PVT. LTD. reserves the right to suspend or cancel a customer™s access to any or all services provided, at any time, or when XINIX INFOTECH PVT. LTD. decides that the account has been inappropriately used or otherwise.
Your use of XINIX.CO (hereinafter referred to as "Website") and its related sites, services and tools shall be governed by the following terms and conditions as contained in this Terms of Service (hereinafter referred to as the "Agreement") entered into by and between XINIX INFOTECH PRIVATE LIMITED ( "XINIX.CO / XINIX.NET / XINIX.IN " / "Company"), a company owning and operating the Website, incorporated under the Companies Act, 1956 and having its registered office address at CS9, MNNIT, Teliarganj , Allahabad, India, and you, and your assigns, employees, agents or contractors ("You", "Your", the "Client") and shall be effective as of the date you register and use the Services (as defined below) of the Website. This Agreement sets forth the terms and conditions of Your use of the Website and the cloud server services (collectively, the "Services") and represents the entire agreement between You and the Company relating to the Services.
The use of the Services is offered to you conditioned on your 'Acceptance' of all the terms, conditions and notices contained in this Agreement. Upon Acceptance, this Agreement shall be effective and binding upon you along with any amendments made by the Company at its sole discretion and posted on the Website and you shall not claim invalidity of this Agreement merely on the grounds that this Agreement is concluded electronically. For the aforesaid purposes, Acceptance shall mean any affirmative action on your part or any act which reflects your use of the Website or the Services provided by the Website or any such other actions that implies your acceptance. You hereby further agree that this Agreement is being concluded and executed at Allahabad, India.
You acknowledge and agree that you have read, understood, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that the Company may establish and post on its Website from time to time.
1. Description of Services
2.1. Fees : You shall pay one time installation Fees as well as recurring monthly fees including upgrades, additional services, terminations and service credits (collectively as "Fees") for Services ordered. Fees for the Services ordered by you shall be charged at the beginning on the date of the initial order and that date shall serve as the monthly anniversary date for all future monthly billings. Fees payable to us in respect to Services will become due in advance of the month and it will be billed on the anniversary date of each month.
2.2. Taxes : You are responsible for paying all Fees associated with the use of the Services and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon against the Services or any other services provided under this Agreement. If it is necessary for us to make adjustments in the Fees and surcharges charged for the Services in order to cover certain increasing costs (e.g., power) incurred by XINIX.CO in providing the Services, such adjustments will be notified to you by way of adjustment in your invoice provided to you for the Services, and you agree to pay for any of such adjustments.
2.3. Invoicing: Invoices are sent by email and upon request a copy can be sent by mail. One time fees and first month's recurring fees shall be paid by you on the date of the initial order of Services. All other invoices must be paid by the Client on the anniversary date of each month ("Invoice Due Date").
2.4. Late payment: In case of late payment of due invoice we reserve the right to charge a late fee of 10% per invoice per month. Invoices will be automatically considered late once the Invoice Due Date has passed.
2.5. Non-payment Termination: In the event of non-payment within three days of the Invoice Due Date, we reserve the right to temporarily suspend your Services. In the event non-payment of due invoices continues till past five days from the Invoice Due Date, we further reserve the right to terminate your Services entirely and reformat your server and we shall refer your account to a third party collection agency. If your account is turned over for collection, you agree to pay any collection fees or legal fees we may incur to collect on your debt in case of termination of Service. We can also initiate legal action against you in case of non-payment of Fees.
2.6. Overage Payment: "Overage" is defined as usage of the Services provided by us to you in excess of the allocated limitation. Overages are charged for SAN, backup, bandwidth and professional services (administrative time) used in excess of the amount allocated to your account. You agree to pay us then-current Overage Fees and charges for Services, including backup and bandwidth Overage Fees, upon receipt of an invoice.
3. Payment Options
XINIX.CO provides the following options for payment of Fees:
Credit Card on File: When you place a credit card on file with XINIX.CO, we will bill the card few days before your invoice is due. In case the credit card charge is expired, not authorized or declined by our processing company, we will notify you via e-mail on your registered e-mail. We request that on receipt of such notice, you update your credit card details promptly. If your invoice becomes more than 3 (Three) days past due (from the Invoice Due Date) then XINIX.CO reserves the right to suspend Service or terminate the Service after 5 (Five) days past due until payment is received.
Cheques, Money Orders and Wire Transfers: XINIX.CO accepts both cheques and money orders. In the event a cheque is bounced/returned, we will charge a penalty for returned cheque of Rs 2,000 or $40 per instance subject to, legal limit in your state or country (if any). You will be responsible for payment of all bounced cheque fees. In the event your invoice is 3-days or more past due (from the Invoice Due Date) then XINIX.CO reserves the right to suspend Services or terminate Services after 5 days past due until payment is received.
Third Party Processing Options: We are compatible with accepting payment by way of third party payment options via the following sources: Pay Pal and Alert Pay. Bounced payments will incur a fee of Rs 2,000 subject to the legal limit for a bounced payment in your state or country (if any). In the event your invoice is 3 (Three) days or more past due (from Invoice Due Date) then XINIX.CO reserves the right to suspend Services or terminate the Services after 5 days past due until payment is received.
4. Term and Termination
You agree to a monthly term for the Services unless otherwise agreed to in writing ("Term"). The Term for Services will be automatically renewed each month unless either party notifies the other in writing of its desire that the Agreement shall not be renewed, no later than three (3) days before the next upcoming Invoice Due Date.
We shall follow the following process for termination once the request is received from your side: We will first contact you to confirm the termination and verify that you are authorized under your account to terminate it. Then, we will immediately suspend billing and disconnect Service to the server. We will not be able to schedule termination ahead of time of receiving the confirmation, and all termination requests are effective immediately. Regarding mid-month or mid-period terminations, XINIX.CO will not issue pro-rated refunds for payments/Fees for the Services received in the middle of a payment cycle. Receipt by you of any Services in a given period will obligate you to pay for the Services during that entire billing period/month.
5. Chargebacks and Payment Disputes
Under this Agreement you must first contact XINIX.CO to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.
By using our Services you agree to all the referred policy and to contact us before contacting your financial institution to seek a resolution.
In the event you dispute any charges contrary to this Agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third party collection agency. We also reserve the right to take further legal action against you.
6. Promotional or Special Offers: Pre-payment Offers
We may also from time to time, offer discounted pricing for initial introductory periods (e.g., discounted fees for the first month's Service.) A condition of such discounted pricing may be the requirement that prepayment for a period longer than the introductory period be paid. For example, the first month's service may be offered for a discount, with the standard pricing going into effect during the second month, with a monthly prepayment being required. Promotional offers are non-refundable.
We may also from time to time, offer promotional or special offers as sales incentives during the Term. These offers may be comprised of discounts, free time, free services, discounted services, trial offer periods and other types of offers. Such offers cannot be combined with other offers unless otherwise stated. These offers will be applicable in a manner of one offer per client only and on one time use basis. Offers are valid only where they are permitted by law. Offers are void where prohibited. Some offers (example: "Three Months Free Load Balancing Service") require you to contact us prior to the expiration of the trial period in order to avoid being re-billed. Offers which provide a discounted monthly rate for a specified period of time will reset automatically to the full monthly rate once the promotional period has passed and you, by availing the offers, agree to pay, in full, the full monthly rate, unless you cancel offers in advance by informing us.
7. Tortious and Other Unreasonable Conduct
We shall not tolerate any abuse towards any of our employees, officers or representatives. You are expected to request and respond to support, billing and other issues in a professional manner, when emailing, calling or submitting online tickets to us. Any form of misconduct or further intentional disruptive behavior aimed at XINIX.CO or its employees, officers or representatives shall be considered a violation of this Agreement.
We shall also not tolerate any form of threat, whether orally, verbally, in writing, via e-mail, via live Chat directed towards us or any of our employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Agreement. Threats of physical violence will be directed to the proper authorities. No refunds shall be given for termination of the Services for violation of these provisions. You shall not reach to the promoters or relatives of any employee regarding your Services. We reserve the right to cancel, suspend or terminate any or all of the Services after receiving billing, sales or technical requests which XINIX.CO, in its sole discretion, considers unreasonable or excessive. We may also limit, at any time or without prior notice to you, the availability and type of billing support provided. Any illegal, unreasonable and/or unauthorised use of the Website or any instances of abuse or threat will be investigated and appropriate legal action will be taken against you, including without limitation civil, criminal and injunctive redress.
8. License to Host
You hereby grant to us a non-exclusive, royalty-free, worldwide right and license during the Term of this Agreement to do the following to the extent necessary to provide the Services under this Agreement: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink any content uploaded by You; and (b) make archival or backup copies of content uploaded by you to the XiNiX servers. We shall have the right, but not the obligation, to make backup copies of the data uploaded by you to our servers. You will be responsible for any of your content available on our servers and for the backup thereof.
9.1 Storage and Security
In all event of storage and security of any content, you bear full and absolute risk of loss of any content and software you place on our servers. You are completely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server.
We do not undertake any obligation to provide management or security services unless you specifically request it to do so. If any technology specifically associated with your account requires updating, you must make a request for such update through our ticketing system.
You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your content; (ii) maintain independent archival and backup copies of your content; and (iii) ensure the security, confidentiality and integrity of your content transmitted through or stored on our servers. We shall have no liability whatsoever towards you or any other person for loss, damage or destruction or any monetary loss of any of your content on account of:
The delay, failure, interruption, or corruption of any data, content or other information transmitted in connection with use of the Services; and
Any interruption or errors in the operation of the Services.
9.2 Our Policy Regarding Virtual & Dedicated Servers
XiNiX provides root level SSH or Remote Desktop Administrative level access of VPS/Dedicated server to the customer who purchase the VPS/Dedicated services from XiNiX thus XiNiX will not be responsible for any mishappenings/server failure resulting from any mistake or wrong action taken from client side. The client will be solely responsible for the mishappenings and XiNiX will not be liable for any support in order to restore the server to its previous state.
XiNiX forbids the use of unauthorized software or use of scripts or software runs on its servers that cause the server to load beyond a reasonable level, as determined by XiNiX. Third party script installation is at client™s own risk. XiNiX will not be responsible for any data loss/ security issues that occur due to the third-party software that client install at their end or get them installed by XiNiX team. You agree that it shall use only authorized/ licensed softwares installed by XiNiX as per requirement of you. You will be directly responsible towards the Software provider so far as the software is related and XiNiX shall not be responsible in any manner either towards you or towards the Software provider regarding any dispute, claim or any difficulty related to the Software.
No server logs can be provided by XiNiX to clients. In case, client has done the separately setup to manage server logs then only XiNiX™s team can only assist the client in getting the logs.
In case, a particular VPS/Dedicated server is consuming high bandwidth then the clients are liable to pay as per the bandwidth usage.
XiNiX donot allow its VPS / Dedicated server services to be used for: Minecraft, Camfrog, Digital Currency Mining, Public Proxy™s/VPN, TOR, Torrents, Mass mail/SPAM, Hate speech websites, Anything illegal in the India or United States, Gaming related usages etc. XiNiX reserves the right to discard any other software or service usages of VPS at its sole discretion.
Server Resource Usage: Any vps server account determined to be using excessive resources to such an extent that it impacts upon other users™ accounts may have their accounts suspended. Excess resource usage includes but is not limited to, cpu loads, memory usage, disk activity and other server related usage. We will do everything we can to inform you of the high server usage before we suspend your account, however we are under no obligation to do so.
You are free to use Unmetered Bandwidth on VPS servers having this facicilty with FAIR usage. However, you are not allowed to use/host anything like Media Streaming( Video and Audio )[ Unless Specified STREAMING is Specifically Allowed ], Public File Sharing[ Unless Specified It’s Allowed ] and any other which Involve Continuous High Bandwidth Usage. Using such without Informing us may restrict the Server/VPS Port Speed. If you are looking for VPS / Dedicated Server for High Bandwidth usage then please feel free to contact us at sales[at]xinix.net.
XiNiX will be the sole arbiter of what is deemed excess usage. Server Availability and Uptime: XiNiX will endeavour to maintain maximum uptime of our services, to the best of our ability. However, due to the nature of servers, downtime may occur for a number of reasons such as power failure hardware/software failure, network failure and forces of nature. As such we do not claim to provide you with a constant service, and will accept no liability for any losses either of traffic, profit or any other loss as a consequence of server downtime.
9.3 Backup Policy for VPS / Dedicated Server:"Except for MANAGED VPS / DEDICATED SERVERS , XiNiX is NOT responsible for backups of VPS or dedicated servers. The customer is solely responsible for creating copies of their own data. XiNiX will not be held responsible if any data is lost from any reasons. We have no liability arising from loss of data, loss of usage or any other loss derived from the customer not having adequate backups or outdated backups at their end.
10. Zero Tolerance Policy for Unsolicited E-mail/Black Listing
"Unsolicited E-mail Complaint" is an occurrence of a third-party complaint regarding a specific e-mail communication message sent by you. "Unsolicited E-mail Incident" is an occurrence of a single e-mail message which may have been sent to multiple e-mail addresses. An Incident may contain numerous Complaints. Incidents may contain Complaints received up to 24 hours after the first. After 24 hours, a new Incident will be opened.
Black Listing: "IP Black Listing" is an occurrence when a third party black listing service determines that our issued IP address is a frequent source of Unsolicited E-mail. Black Listings result in the IP address (or multiple IP addresses in the same "IP range") being unable to send E-mail to certain third parties.
We had designed this portion of this Agreement to comply with the provisions of CAN-SPAM Act. which states that commercial e-mail must be solicited, an effective, visible and clearly defined un-subscription process be in place, that every E-mail message sent be sent from a valid address, without any form of IP or source spoofing, that every E-mail message sent contain the physical contact information of the sender, that every recipient of such E-mail messages has requested to receive such E-mails and that the messages and method in which they were sent comply with the other provisions of the CAN-SPAM Act.
Zero Tolerance for Black Listing: XINIX.CO has a Zero Tolerance policy regarding Black Listings and considers any attempt to send Unsolicited E-mail Messages or other forms of Spam E-mail (including "Spamvertising" other websites or services or products) to be violations of this Agreement. If an IP address assigned to you is found to be Black Listed, XINIX.CO reserves the right to discontinue your services immediately with or without warning.
Furthermore we will levy a Black Listing processing fee of Rs. 10,000 for the first instance of IP Black Listing and Rs. 25,000 for the second instance of IP Black Listing (collectively, the "Penalties".) If your service is terminated under the Unsolicited E-mail Policy then we will forfeit all fees paid, including pre-paid fees and unused time. All fees paid shall become non-refundable. Further, account termination does not absolve or nullify penalty payments you may owe to us. Further, you may accumulate additional penalties based on complaints received after your termination. This section of the Agreement will survive for a period of one year after terminatedtermination of the agreement.
Please note that if we are required to discontinue/suspend Services to you on account of any compliance relating to anti-spamming laws in any relevant jurisdiction, you will abide by the same and shall not have any claim against us regarding the same. You further agree that if we incur any loss, penalty or claims on account of any non-compliance by you of any anti-spamming and/or related laws of applicable jurisdiction, you shall indemnify and keep us harmless against the same.
11. Disclaimer of Warranties
You acknowledge and agree that XINIX.CO exercises no control over, and accepts no responsibility for, the content of the information passing through the host computers, network hubs and points of presence or the Internet. You expressly agree that your use of the Website is at your own risk. NEITHER XINIX.CO, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT XINIX.CO PROVIDES. NEITHER XINIX.CO, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. XINIX.CO IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CLIENTELE VIA THE SERVICES PROVIDED BY XINIX.CO.
12. Limitation of Liability
IN NO EVENT SHALL XINIX.CO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, GOODWILL, DATA OR USE, SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF XINIX.CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall XINIX.CO's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual amount paid by you for the Services during the 12-month period prior to the date of the damage or loss occurred or the cause of action arose. The provisions of this Clause pertaining to Uptime Guarantee shall be limited to credits available to you for system downtime.
You shall agree to indemnify and hold harmless XINIX.CO and its parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by Cloudrini.net, made by any third party or penalty imposed due to or arising out of your breach or non-performance of terms of the Accepted Use Policy, or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
XINIX.CO Utilization of Third Party Services
XINIX.CO reserves the right, and you agree to pay for, services of third party consultants hired by XINIX.CO in its discretion to assist XINIX.CO in providing the Services to you. Fees for the services of third parties retained by XINIX.CO will be charged to you in the invoice covering the period during which the third party services were utilized by XINIX.CO.
14. Force Majeure
XINIX.CO shall not be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.
15. Intellectual Property
You represent and warrant that your use of the Services shall not infringe the intellectual property or other proprietary rights of XINIX.CO or any third party. You further acknowledge that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of XINIX.CO is owned by XINIX INFOTECH PVT. LTD. and/or its licensors. Unless otherwise specifically provided in this Agreement, you shall have no right, title, claims or interest in or to XINIX INFOTECH's Intellectual Property.
You shall not copy, modify or translate any XINIX.CO intellectual property or related documentation, or decompile, disassemble or reverse engineer same, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, You are not authorized to distribute or to authorize others to distribute XINIX.CO intellectual property in any manner without the prior written consent of XINIX.CO.
XINIX.CO respects the intellectual property of others, and we ask you to do the same. XINIX.CO may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
In cases of any infringement of any intellectual property of third parties by you or any non compliances of any applicable laws of the jurisdiction of your operations, we will not be liable for any damages or compensation (if any) to be paid to the third party and/or government authorities and you shall keep the Company indemnified in this regard.
16. Governing Law and Jurisdiction
This Agreement shall be interpreted and construed according to, and governed by, the laws of Allahabad. All disputes are subjected to Allahabad Jurisdiction only.
16.1. Waiver and Modification
Any failure or delay in exercising any right, remedy, or power under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.
16.2. Assignment and Severability
This Agreement shall be binding upon and inure to the benefit of you, XINIX.CO and their respective successors, and assigns. You may not assign this Agreement without the prior written consent of XINIX.CO, which consent will not be unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
16.3. Additional Incorporated Agreements
Additional amendments to the Agreements, when noted, are amendments to this Agreement and are to be incorporated into it. Examples include terms and conditions for promotional offers and other additional terms and conditions.
XINIX.CO reserves the right to modify this agreement as needed without notice, and you agree that by creating, using, or otherwise engaging in business with XINIX.CO, that you have fully read, fully understand and agree to the amended terms and conditions of the Agreement. You understand that the terms and conditions in the Agreement are legally binding and that you are authorized to enter into such agreements on behalf of your organization or yourself.
16.5 Data Backups
XiNiX will make every reasonable effort to protect and backup data for client on a regular basis (only of shared hosting customers), however XiNiX does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Any backup copy maintained by XiNiX will not have any media file included in it. Your use of the technical service is at your sole risk.
XiNiX is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on XiNiX servers. XiNiX performs backups of shared and reseller servers only. However, these backups are for XiNiX's administrative purposes only such as any server hard drive failure happens etc and are in NO WAY GUARANTEED!
17. DMCA Notice Policy
XINIX INFOTECH PRIVATE LIMITED is providing services of cloud servers from the website named XiNiX.CO / XINIX.NET / XINIX.IN.
XINIX.CO may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users on repeated infringing activities. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the written notice along with the following information:
XINIX.CO's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By CERTIFIED mail:
We thank you and appreciate your purchase with us. Please read the policy, conditions and process carefully as they will give you important information and guidelines about your rights and obligations as our customer, concerning any purchase you make through us unless specifically stated otherwise on our product pages.
In case of dissatisfaction from our services, clients have the liberty to cancel their services and request a refund from us within the stipulated money back period. Our Policy for the cancellation and refund will be as follows Cancellations and Refunds
1. Payment Method: No refunds will be provided if you use any of the following methods of payment:
If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund. Payments done using Credit Card, Debit Card and Net Banking may be refunded through the respective payment processor.
PLEASE NOTE: Payments Done via CCAvenue Payment Gateway attracts some processing charges, which will not be refunded by XiNiX as it is retained by the Credit Card Processor. The amount retained is variable between 4%-10%.
2.1 Money-back Guarantee : If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the Money -Back Guarantee Period"), you will, upon your written request to the XiNiX Billing Desk (the Refund Request") within thirty (30) days of such termination or cancellation (Notice Period"), receive a full refund of all basic shared and reseller hosting fees previously paid by you to XiNiX for the initial term (Money - Back Guarantee Refund"); provided that such Money -Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of Acceptable Use Policy.
Requests for these refunds must be made in writing to the XiNiX Billing Desk via the Client Area. Refunds will only be issued for basic shared and reseller hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services.
Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
2.2 Refund Procedure :
If a Client is not satisfied with our services he/she can get a Refund Instantly. We normally process refunds within 48 Hours of cancellation and Request for Refund. All Refunds are Granted ONLY after express request for the same.
We shall actively cooperate with you for any request for refunds. Client must open a Support Ticket AFTER Cancelling the related service from the Client Area ( https://core.xinix.net/core/ ) with the subject "Request for Refund". All refunds are made ( including weekends ) within 48 Hours of the Application for the same. In Certain Cases, Client may be given Refunds via usable Credits that can be reused for any future purchase of our services.
Please note that Moneyback Guarantee is Strictly"NOT Applicable"to :
If Any Service ( Shared & Reseller Accounts ONLY ) included Migration of Accounts, a Transfer Fee is deducted to cover the costs of Account Transfer during Account Setup. The fee will be charged at $1 Per cPanel Account.
3. Refund Eligibility : Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
4. Non-refundable Products and Services : There are no refunds on Virtual servers, SSLs, Domain Registrations , Dedicated servers, administrative fees, install fees for custom software and domain name Transfers.
5. Cancellation Process : You may terminate or cancel the Services by submitting a written request to XiNiX via the cancellation form provided in the client area under Services > My Services > Account Details > Request Cancellation.
In such event:
5.1. you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and
5.2. XiNiX may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been cancelled. We require all cancellations to be done through the online form in order to
(a) confirm your identity,
(b) confirm in writing that you are prepared for all of your files and emails to be removed, and
(c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
All refunds are processed in the currency in which the invoice was paid. Payments done in Foreign Currency are subject to fluctuation and XiNiX is not responsible for any change in exchange rates between the time of payment and the time of refund.
6. Termination XiNiX may terminate your access to the Services, in whole or in part, without notice in the event that:
6.1. You fail to pay any fees due within the stipulated period
6.2. You violate this Agreement
6.3. Your conduct may harm XiNiX or others or cause XiNiX or others to incur liability, as determined by XiNiX in our sole discretion; or
6.4. As otherwise specified in this Agreement. In such event, XiNiX shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Additionally, XiNiX may charge you for all fees due for the Services for the remaining portion of the then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED. REQUEST FOR PROVIDING BACKUP OF SUCH DATA SHALL NOT BE ENTERTAINED IN ANY FORM
XiNiX InfoTech Pvt. Ltd. has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.
1. Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.
2. Order Forms
Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.
Contact information from the order forms is used to get in touch with the customer when necessary.
Billing information that is collected is used to bill the user for services.
Unique identifiers are collected from Web site visitors to verify the user's identity.
Demographic and profile data is also collected at our site.
We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.
4. Third Parties
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.
Customer will not, and will not permit any persons (Users") using Customer™s online facilities and/or services, including, but not limited to, Customer™s Web site (s) and transmission capabilities, to do any of the following (Prohibited Activities")
The following constitute Prohibited Activities of Service Agreement: :
1. Illegal use: XiNiX™s services may not be used for illegal purposes, or in support of illegal activities. XiNiX reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
2. Harm to minors: Use of the XiNiX™s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
3. Threats: Use of the XiNiX™s service to transmit any material (by email, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
4. Harassment: Use of the XiNiX™s service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity: Use of XiNiX™s service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as pyramid schemes," ponzi schemes," and chain letters."
6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the XiNiX™s service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending XiNiX™s account.
8. E-mail / News Bombing: Malicious intent to impede another person™s use of electronic mail services or news will result in the immediate termination of the offending XiNiX™s account.
9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the XiNiX™s service is in violation of this Service Contract.
10. Usenet Spamming: XiNiX™s has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
11. Unauthorized access: Use of the XiNiX™s service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of XiNiX "ï¿½s or another entity™s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Subscribers account is subject to immediate termination.
12. Copyrights Reserved to XiNiXor trademark infringement: Use of the XiNiX™s service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
13. Collection of personal data: Use of the XiNiX™s service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
14. Network disruptions and unfriendly activity: Use of the XiNiX™s service for any activity which affects the ability of other people or systems to use XiNiX™s Services or the Internet. This includes denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual™s computer system will result in immediate account termination. XiNiX will not tolerate any Customer attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
17. Using web space for file storage purpose.
18. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
19. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using XiNiX™s services could result in suspension service.
20. Third Party Accountability: XiNiX™s Subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Service Agreements.
21. Users on shared or reseller hosting accounts may not use 5% or more of system resources for longer then 90 seconds in case used, may lead to suspend your account immediately to prevent system harms due to making overload on server just because of one customer account or domain.
22. Shared hosting or reseller hosting customers are not allowed to do excessive consumption of system resources, including disk space, disk i/o, CPU time, memory & session time. You are not allowed to use resource-intensive programs which negatively impact other customers hosted on our shared hosting server or the performances of XiNiX systems or networks. XiNiX reserves the right to terminate or limit such activities.
23. Shared hosting customers are not allowed to use our web hosting servers for sending bulk mailing/newsletters.
24. Adult Material : Customer agrees that he shall not , or/and shall not permit any person(s) to upload any adult or pornographic content on XiNiX hosting network. It includes all pornography, erotic images, or otherwise lewd or obscene content. It is absolutely forbidden to host pornographic content on the XiNiX web hosting network. Accounts found hosting this material will be subject to immediate cancellation without refund. The designation of adult material" is left entirely to the discretion of XiNiX.
25. Personation "ï¿½ Customer agrees that he shall not use any identity/email or contact information of other person to use any service of XiNiX for any kind of fraudulent act. XiNiX reserves that full rights to terminate the concerning account in that types of case.
26. For customers of shared / reseller hosting maximum allowed daily average system resources usages (including but not limited to CPU, RAM, MySQL) of more than 1% is not allowed, If any site do not follow such noted resource usage policies, XiNiX reserve right to suspend such web hosting account™s services.
27. Proxy websites and such usages of our web hosting services are prohibited.
28. Shared hosting or reseller hosting customers are not allowed to host mp3 files, video files, iso, zip, rar, tar or other formats of compressed files, .exe, software installation files or executable files of software programmes on our shared web hosting servers.
29. File hosting websites or websites designed primarly for download contents or sharing files are not allowed in our shared / reseller hosting web space.
30. Customers of shared hosting are not allowed to use disk space for email storage purposes for this reason they are not allowed to use more than 25% of their web hosting space usages for storing emails. Shared hosting customers are required to kindly ensure they take timely downloaded their mails using an outlook sort of email client on their own computer and clear the mail™s copy from the server space also please note that use of Webmail must be only for temporary storage of emails.
31. Customers of shared hosting & reseller hosting are not allowed to have a cron job / schedule task with intervals of less than 60 minutes.
32. Customers of shared hosting & reseller hosting are not allowed to have more than 5 MySQL user connections at a time.
33. Customers of shared hosting & reseller hosting are not allowed to have more than 5 MSSQL user connections at a time.
34. Customers of shared hosting & reseller hosting are not allowed to have more than 5 Apache / IIS connections at a time.
35. Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
36. 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 is prohibited.
37. Customers of shared hosting & reseller hosting are not allowed to have usages of more than 50 outgoing emails per hour per domain name.
38. Customers of shared hosting & reseller hosting are not allowed to send more than 20 emails per hour per email account from our shared hosting server.
39. 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 XiNiX customers must be Closed-loop (Confirmed Opt-in"). 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 or selling lists of email addresses from 3rd parties for mailing to or from any XiNiX "ï¿½ hosted domain, or referencing any XiNiX account, is prohibited.
40. Customer of shared and reseller hosting must agree that he/she shall not use more than 32MB of RAM on any of XiNiX™s shared hosting server.
41. Customer of shared and reseller hosting must agree that any programs may not run in the background or listen on a network port. If you require a bot, service or daemon, you should consider a dedicated server, as very few shared web hosts allow this type of program.
42. Customers of shared hosting & reseller hosting are not allowed to have more than 500 database queries per hour.
43. Customers of shared hosting & reseller hosting are not allowed to have more than 500 database changes (insert/update/delete) per hour.
44. Database access should only be used for the web site hosted on our shared hosting servers, remote database access is for administrative purposes only not for having any custom software™s backend database hosting.
45. The total number of inodes in a shared hosting and reseller hosting hosted domain name may not exceed 10,000. Every file (a webpage, image, email, PHP file, directory, etc.) on your account uses up one (1) inode.
46. Customers of shared hosting & reseller hosting are not allowed to have a directory contain more than 2,500 immediate child files. This includes subdirectories themselves, but does not include files contained within those directories.
47. Customers of shared hosting & reseller hosting are not allowed to have more than 10 GB Disk storage used per domain name basis as per our fair usage policy.
48. Customers of shared hosting & reseller hosting are not allowed to use shared hosting services for primarily database hosting purpose, if required we do have separate database hosting packages for such usages.
49. Customers of shared hosting & reseller hosting are not allowed to have our shared hosting services used for any kind of ad rotations or banner rotations or link exchange network services.
50. Customers of shared hosting & reseller hosting are not allowed to have our shared hosting services used for operating a public mirror site.
51. Customers of shared hosting & reseller hosting are not allowed to have our shared hosting services used for prime bank or bank debenture-related sites, lottery sites, muds or online RPGs, hate sites, hacker-related sites, sites promoting illegal activity, IP scanner or other hacking tools, mail bombing or spam scripts, or forums and websites that distribute or promote warez content and are expressly forbidden.
52. Bit torrent applications, trackers, and clients as well as any file-sharing/pee-to-peer activities are forbidden.
53. The operation of gaming servers (such as but not limited to Minecraft, Counter-Strike, Half-Life, battlefield1492) are forbidden.
54. Web spiders and indexers are not permitted.
55. Attempting to obtain another user™s account password is strictly prohibited, and may result in termination of service.
56. Users who violate network or systems security may incur civil or criminal civil liability. XiNiX will cooperate fully with investigations of violations of network or system security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
57. XiNiX shared hosting accounts operate on shared resources. Excessive use/abuse of these shared network resources by one customer may have a negative impact on all other subscribers or customers. Misuse of network resources or any other server resources in a manner which impairs network or server performance is prohibited by this policy and may result in termination of your account.
58. Shared hosting customers are not allowed to use our shared hosting server for generating / transmitting automatic emails or generating /transmitting emails from cron jobs / schedule tasks using/on our shared hosting servers.
59. The customer must acknowledge that he shall do all required testing of their web application on their localhost or their local computers only and our shared servers are not allowed for any kind of live testing on the web server.
60. The customer must acknowledge if they use any programming generated website or any third party CMS then their codes and CMS are fully updated with the latest security patches and other security concerns are been taken care and XiNiX in no manner shall be responsible for any issue related to poor coding or old CMS or any other third party CMS related security issues.
61. The customer must acknowledge that he shall fully responsible for any kind of coding issue related to this website, as a web host we are not responsible for any coding related issues or poor coding or content related issues. If any poor coding website found using a high amount of system resources the same shall be suspended with/without further prior notice in sake of other customer™s websites hosted on our shared hosting server and violation of our terms of service.
62. Customer of shared and reseller hosting must agree that any email id™s disk space utilization in shared hosting server shall not be more than 500mb per email id.
63. Customer of shared and reseller hosting must agree that email size of more than 10MB is not allowed on our shared hosting servers.
64. Reselling is not allowed on Shared hosting plans. If reselling is desired, a separate reseller hosting plan must be purchased. All the domains for a particular shared hosting account need to have single ownership. XiNiX holds the full right to suspend/terminate the shared hosting accounts that have domains with multiple ownerships.
65. Customer of shared and reseller hosting must agree that he/she will not use web space/disk space on shared hosting server for backup/compressed/archive file(s) or any kind of file storage orany kind of file sharing orany kind of backup data"storage"purpose.
66. Customers of shared hosting, reseller hosting, vps hosting or dedicated server, email hosting or any other services must agree that he/she/they are not allowed to use our services for spamvertized website(s) or sending spam, If your website ever found in sending spam or your website even found in spamvertized website (even if spam advertisement mail was not sent from our server) then XiNiX reserve full rights to suspend/terminate such web hosting ac or online services with/without prior notice in sake of maintain server performance and ip reputation of our server ips online.
67. Customers of shared hosting, reseller hosting are not allowed to have more than 10 worker processes for every three child process.
68. Shared hosting customer must agree that XiNiX donot allow on its shared hosting server any website designed primarily for image gallery or any website having high disk usages primarily used for storing / uploading / sharing images on on web hosting space only.