| 1. Uptime XpowerHost will make access available to you on a best-effort basis. Service outages can occur over which we have no control. In the event that an outage lasts more than 24 hours, we will, at your request, prorate the applicable portion of your monthly, quarterly, semiannually, or yearly service charge. Although our average system uptime is outstanding, we cannot and will not make any guarantee of any kind regarding the stability or uptime of this service. 2. Payment Policy Your hosting account will not be activated until we receive your first month’s payment. When submitting a credit card, you must be the card owner. If this is found otherwise, your account could be placed on grounds of termination. By submitting a credit card on the order form, the cardholder agrees to authorize all recurring charges to the account, and any balances incurred due to over limits of account outlines. Users, additions of extras to the account, service charges, and/or any other fees due. To halt the automatic charging to your credit card, you must notify our billing department (click here) at least one week in advance. 3. PayPal payments. Your account will be suspended if your payment fail. Canceling your subscription without prier notification will result in your account being closed. Users, who have chosen a billing method other than credit card, will receive invoices that are sent via email approximately one week before they are due. Invoices should be paid on or by the due date on the invoice. A late fee of $10.00 is charged after 3 days from the due date and the account will be put in suspension. Failure to comply will result in your account being terminated. If you then wish to re-signup for the account, all regular sign-up rules and prices will apply. If at any time your account becomes past due or inactive for any reason, we reserve the right to change your rate to match the current prices. 4. Abuse Server abuse will not be tolerated. Server abuse includes but is not limited to the following: A. CPU/Resource intensive Programs B. Denial of Service Attacks. C. Hacking/cracking of any kind (This includes exploits). D. Storage of Warez/ E. underage (18-)Pornography. F. Spamming 5. Disclaimer XpowerHost will not be responsible for any damages your business may suffer. XpowerHost makes no warranties of any kind, expressed or implied for service we provide. XpowerHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting in delays, no deliveries, wrong delivery, and any and all service interruptions caused by XpowerHost and its employees. XpowerHost reserves the right to change its policies at any time without prior notification. 6. UCE (Unsolicited Commerce Email) - SPAM Spamming, the sending of unsolicited mass email from or through a XpowerHost server or using an email address that is maintained on a XpowerHost machine is STRICTLY prohibited. XpowerHost will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but channel activities through a XpowerHost server as a mail drop for responses. Violators will be assessed a minimum fine of 500 DOLLAR and will face immediate suspension! XpowerHost will be the sole arbiter as to what constitutes as a violation of server abuse, and reserve the right to terminate the account without notification. 7. Account Sharing Account sharing is not encouraged. Sharing of accounts by more than 2 people may result in termination of your service. Furthermore, if any questions or problems arise and your account was being shared, it is automatically terminated unless stated by an administrator. 8. Early Termination/Cancellation XpowerHost reserves the right to cancel a customer’s service at any time. If cancellation is caused by customer’s violation of these policies, then no refund is due. Customers may cancel service at any time, but no refund is due. XpowerHost will not offer refunds whatsoever. 9. 30 day moneyback guarantee Quit simple: that is for all hosting packages. Abuse of account means no moneyback! 10. Deactivation of Late and or None Payment of Accounts XpowerHost reserves the right to to charge a Reactivation Fee of $10 per each violation. 11. Privacy Policy We take our customers privacy very seriously. You are guaranteed 100% privacy. Information such as address, phone, etc. will not be given out. However, we reserve the right to monitor your account. We will also use given information to verify you as the account holder in the event you forgot your password. 12. Username Changes The changing of your username requires that we delete your existing account and re-add a new account, just as if you had signed up all over again. Due to the effort required for this process, a $2.00 setup fee applies to any and all username changes. 13. Credit Card Fraud XpowerHost does not condone nor encourage credit card fraud. In order to ensure your safety and privacy, XpowerHost has secure SSL encrypted web-servers. In addition, with all credit card orders verbal verification is required and all new accounts using credit card to order may have to wait another 24 hours. Furthermore, by using your credit card to apply for an account you are subject to extensive research to ensure you are the cardholder. This includes, but not limited to: Address verification, verbal/phone verification, etc. 14. Services Changes XpowerHost reserves the right to change prices, policies, and configuration of any and all accounts when deemed necessary. Any violations of these policies represent a breach of your contract with us, and your account will be removed from our system without warning. 14.1 XpowerHost - Services and fees XpowerHost has a lot of different cheap Dedicated Server for every type of usage. We give our customers a free of charge ticket support click here in english. Our support team will try to answer and fix your problems / questions as fast as possible. Please note that on weekends we have only mail support. Reinstalls which are not possible via the customer interface, Hardware upgrades, Remote console requests and other requests which needs a technican on the server, will be done from Monday to Friday. We try to keep our prices as low as possible. This is possible by a lot of remote facilities like server installations and configuration. In case of hardware upgrades (additional or new HDD or more memory) we need a technican on the machine. For such services we charge a onetime fee of 9€. If a customer has done a massive misconfiguration and the server is no longer reachable (wrong firewall settings, network interface problems, os misconfiguration and a re-install cannot be done because of data loss and much more) we charge 12$ for every used 10 technican minutes. If the server has hardware problems (HDD crash, network card out of service or other) the repair will be free of charge. For every questions regarding your server / account, please mail to our support team (see mail above). Every server will be installed based on your operating system request with default settings. After the installation is done and we have your first payment, you'll get a mail with all needed data for your new root server. Our customers have full root (Administrator on Windows Servers) rights on their servers. 15. Refund Policy Refunds will not be given to any accounts closed due to ABUSE. Refunds will be given upon meeting the following term's only: 1. Two weeks advance notice of closing of account. 2. Only full months refunded. No partial months. 3. Supply name address and phone no. to be contacted by for verification. 4. If account was paid by credit card we only will only make credit back to card holder, no cash refunds on credit cards. 5. Refunds will only be given, if the reason is a proofable fault of XpowerHost! 16. Domain Transfer Policy A. XpowerHost policy on Transfer of Sponsorship of Registration Between Registrars For each instance where a Registered Name holder wants to change its Registrar for an existing domain name (i.e., a domain name that appears in a particular top-level domain zone file), XpowerHost: Express authorization to initiate the transfer process from an individual who has the apparent authority to legally bind the Registered Name holder (as reflected in the database of losing Registrar). In instances when the Registrar of record is being changed simultaneously with a transfer of a domain name from one party to another, XpowerHost also requires submission of appropriate authorization for the transfer. Such authorization shall include, but not be limited to, one of the following: A bilateral agreement between the parties. The final determination of a binding dispute resolution body. A court order. Instances when the requested change of sponsoring Registrar may be denied include, but are not limited to: Situations described in the Domain Name Dispute Resolution Policy. A pending bankruptcy of the Registered Name holder. Dispute over the identity of the Registered Name holder. Request to transfer sponsorship occurs within the first 60 days after the initial registration with the Registrar. 17. Uniform Domain Name Dispute Purpose. This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules. 17.2. Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights. 18.1. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances: a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action; b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.) We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements. 18.2. Mandatory Administrative Proceeding. This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a "Provider"). a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and (ii) you have no rights or legitimate interests in respect of the domain name; and (iii) your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three elements are present. b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith: (i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or (ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or (iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location. c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii): (i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or (ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or (iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue. d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f). e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel"). f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN. g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant. h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel. i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant. j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision. k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name. 18.3. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available. 18.4. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves. 18.5. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above. 18.6. Transfers During a Dispute. a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph. b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred. 18.7. Policy Modifications. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at www.xpowerhost.com at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration. 19. Network a) IP Address Ownership: If XpowerHost assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to XpowerHost, and Customer shall have no right to use that Internet Protocol address except as permitted by XpowerHost in its sole discretion in connection with the Services, during the term of this Agreement. XpowerHost shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by XpowerHost, and XpowerHost reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame XpowerHost reserves the right to retract IPs that are not being utilized without notifying the client b) Bandwidth Usage. XpowerHost will monitor Customer's bandwidth. XpowerHost shall have the right to take corrective action if Customer's usage negatively impacts other clients. c) System and Network Security: Users are prohibited from violating or attempting to violate the security of the XpowerHost Network. Violations of system or network security may result in civil or criminal liability. XpowerHost will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. v. Taking any action in order to obtain services to which such User is not entitled. Ticket: Click here |
