Terms of Use

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All customers must abide by the following Terms and Conditions of service, Xeon Software Limited provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Xeon Software Limited WEB HOSTING SERVICE AGREEMENT

This Xeon Software Limited Terms Of Service agreement (hereafter referred to as the "TOS") lays down the terms and conditions by which Xeon Software Limited's Hosting 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 Xeon Software Limited reserves the right to modify it from time to time, effective when notification is posted at www.XeonBD.com. No verbal or written agreement/statement by any Xeon Software Limited employee or at Xeon Software Limited's website will take precedence over the TOS.

On registering for and using any Services provided by Xeon Software Limited, 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. Xeon Software Limited 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 Xeon Software Limited deems inappropriate may result in the termination or suspension of the Services for the Customer.

Satisfaction Guaranteed:

30 Day Guarantee Statement (Only for Web Hosting Service)
Shared Hosting Accounts
If for any reason you are unhappy with the services you receive from Xeon Software Limited 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 cancelling (as we request for 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 cancelation and than agreed to continue using services can't ask second time for refund.

* Domain Registration + Processing Fee will apply...

New Accounts:

All new web hosting accounts purchased on are not set up instantly by our system. It will be needing activation by a team member pending security check and you will receive two (2) emails including login details after your purchase activation. Due to unforeseen complications with various mail servers and any connection problems between your ISP and Xeon Software Limited, this process may sometimes be delayed.

Payments:

When you subscribe to our services, you are subscribing to a pre-paid service. All payments will be charged using Paypal, 2ChekOut, Bank Transfer. Renewal notices are sent severals times via email from 7 to 0 days before the renewal date. Accounts 7 days past due will be disabled. Accounts 15 days past due will require a $15.00 USD fee to enable. We only accept PayPal , 2ChekOut, Bank Transfer for payment of services. In the event that your yearly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Please address any questions regarding payment to Xeon Software Limited sales.

Cancellations:

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

If you cancel your account and your payments still continue for any reasons such as 1) by fault of Xeon Software Limited staff 2) by fault of the payment processor 3) by fault of any other payment collection company we are not responsible for any overdraft fees that are issued by your financial institution.

Overage Charges:

Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.

Refunds/Account Termination:

If, for any reason, Xeon Software Limited fails to deliver said services, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces Xeon Software Limited to suspend or terminate your services prematurely.
In the event you request account cancellation, once your service has been cancelled 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, Xeon Software Limited 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...

Content:

All services provided by Xeon Software Limited. 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, 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 Xeon Software Limited, from any claims resulting from the subscriber's use of Xeon Software Limited's services which damages the subscriber or any other party.

Xeon Software Limited believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their files): racism or prejudice due to color, creed, or belief; profanity or obscene language towards anyone but yourself; any violent/malicious content. We prefer that you self-govern your content and are responsible as to what your website provides. We do not have the resources and time needed to govern our servers constantly which have growing and evolving content. However, if Xeon Software Limited is made aware of any questionable content on a Xeon Software Limited-hosted site, we will address the concerns directly with you and seek an amiable resolution. If anyone contacts us about content they have found on a Xeon Software Limited server that copyrights their own material or that they wish to be removed, we require legal documentation to take any further action. We do not allow Web Proxy Services / Scripts or file hosting services on our Server. No remote uploading/processng scripts usage like rapidleech, Phpmusicsearch, rapidshare premium link generator etc etc are not allowed in our server. Torrent seeding using torrentflux or similar script may also cause a suspention in our network immediately. You are also not allowed to host an Image Hosting site with us which takes lots of cpu resources and abuse the server memory. Altough, we do allow video streaming using FFMPEG on the server till you are in the acceptable cpu range, though if malicious material is found through a complaints from abuse department, certain action will be taken at an urgent manner.

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

• IRC Software
• Pirated software
• Hacking sites, programs or archives
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.

* You can't offer free hosting its totally prohibited if found your account will be suspended or terminated with or without notice.
* You can't use hosting for filesharing scripts or purpose.

UCE, UBE, Spam:

Xeon Software Limited 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 any email to persons who have not specifically asked to receive email from you. The sending origin of such email is irrelevant. Upon confirmation of abuse, any Xeon Software Limited customer engaging in this practice will have their service suspended. Not only does spam place a strain on the server that can negatively effect 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.

Prohibited Uses of Xeon Software Limited Hosting Systems and Services Regarding Spam

# Sending Unsolicited Bulk Email. The sending of any form of Unsolicited Bulk Email through Xeon Software Limited servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Xeon Software Limited servers, is prohibited. Xeon Software Limited 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 Xeon Software Limited 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 Xeon Software Limited-hosted domain, or referencing any Xeon Software Limited 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.

Liabilities:

Xeon Software Limited, 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 Xeon Software Limited be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this web site or from any information, services or products provided through your web site. We are not responsible for any content on any server in our network and will not take any action against any questional material or action until the website in question is brought to our attention by emailing us.

Acceptable Use Policy (AUP)

Xeon Software Limited is dedicated to providing top quality service at a very affordable price. The conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any condition will be grounds for immediate account deactivation without notice. Xeon Software Limited will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

To report suspected abuses or any violations of these policies, please contact management.

Illegal Usage :

Xeon Software Limited 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 Xeon Software Limited service agrees to indemnify and hold harmless Xeon Software Limited from any claims resulting from the use of the service that damages the subscriber or any other party. Xeon Software Limited will be the sole arbiter as to what constitutes a violation of this provision.

Illegal Content:

Xeon Software Limited 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 Xeon Software Limited 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. Xeon Software Limited reserves the right to terminate an account for these activities also.

Software Distribution:

Xeon Software Limited 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.

File Usage and Storage:

Xeon Software Limited web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. We are a web hosting service not a remote file storage service. Any web site 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 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.

Chat Rooms:

Xeon Software Limited does not provide nor allow chat rooms on shared hosting enviroments. You may elect for a dedicated server to run a chat room efficiently.

IRC:

Xeon Software Limited 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.

IP Address Ownership:

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

Security:

Users are prohibited from violating or attempting to violate the security of the Xeon Software Limited Network. Violations of system or network security may result in civil or criminal liability. Xeon Software Limited 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 do main name and use - you are not allowed to purchase multiple plans to obtain combined bandwidth & space. Xeon Software Limited 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 Xeon Software Limited Web server or subscriber of Xeon Software Limited Web is strictly prohibited including, but not limited to:

You will be held responsible for all actions performed by your account whether it be done by you or by others. 
All sub-networks of Xeon Software Limited. and all dedicated servers must adhere to the above policies.

Scheduled Maintenance and Downtime:

Xeon Software Limited Web server will use its commercially reasonably 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 Xeon Software Limited Web's control or which are not reasonably foreseeable by Xeon Software Limited Web, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Xeon Software Limited 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. Xeon Software Limited 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:

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 Xeon Software Limited's 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 Xeon Software Limited to provide this knowledge or support outside matter specific to Xeon Software Limited servers.

Backups:

Xeon Software Limited takes extreme steps to maintain system integrity. However, Xeon Software Limited shall not be held responsible for loss of data due to any cause. To ensure the highest level of data protection, Xeon Software Limited recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to, it should be in more than one location at all times. All Xeon Software Limited data backups are designed against hardware failure not customer user error.

Actions:

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

When Xeon Software Limited becomes aware of an alleged violation of its AUP, Xeon Software Limited will initiate an investigation. During the investigation, Xeon Software Limited may restrict a customers access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Xeon Software Limited 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, Xeon Software Limited will notify the appropriate law enforcement authorities of such violation.

Xeon Software Limited does not issue credits for outages incurred through service disablement resulting from AUP violations.

Xeon Software Limited customers agree to indemnify and hold harmless Xeon Software Limited from any claims resulting from the use of our services that damages them or any other party. The Xeon Software Limited 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. Xeon Software Limited expressly disclaims any representation or warranty that the Xeon Software Limited service will be error-free, secure or uninterrupted. No oral advice or written information given by Xeon Software Limited, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Xeon Software Limited 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:

Xeon Software Limited 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 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 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.

Resource Abuse Policy (RAP):

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 Xeon Software Limited 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 any one 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 may not exceed 20% per account/file/application
Apache connections may not exceed 30 connections
15 MySQL maximum user connections allowed
350 emails per hour, per domain

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 Xeon Software Limited.

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 Xeon Software Limited. administrators without prior notice.

All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.

Any violation of these Terms of Service will result in termination of the account. Xeon Software Limited. maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.

If you have any questions concerning this site or its policies, please contact us