VPS Virtual Servers Terms and Conditions

Last Revised: October 7, 2017

The purpose of these VPS Terms and Conditions, which are complementary to XsoftHost.com’s General Terms and Conditions of Service, is to define the technical and financial terms and conditions pursuant to which XsoftHost.com agrees to rent and host on its platform the Customer’s VPS internet server.

1. DELIVERY OF SERVICE TERMS AND CONDITIONS:

   XsoftHost.com shall inform the Customer by e-mail when the VPS server becomes available.

   Invoicing shall begin on the effective date of the online launching of the VPS server.

   The server shall become available within a maximum 24 hours of the effective payment date by the Customer purchase order.

2. CUSTOMER’S OBLIGATIONS AND LIABILITIES:

   1. The Customer shall be solely responsible for ensuring it secures its Services, implementing security
      tools (firewall, etc.), periodically updating their system, backing up their data and for ensuring the
      security of their software (scripts, codes etc.).
   2. The Customer acts as an independent entity and shall solely bear all risk associated with its activity
      when using the Services. The Customer is solely responsible for the services and websites that they
      host on the VPS Instance provided, as well as the content of transmitted,
      broadcast or collected data,backup of individual website data on VPS, the processing and updating of data, and all files
   3. XsoftHost.com provide paid snapshot option to backup VPS server data,Customer shall aware that a Snapshot is not a perennial backup of the data of the Instance .A Snapshot
      does not, under any circumstances, exempt the Customer from its obligation to backup their data.
   4. The Customer shall pay for any license or right to use ,either provided by XsoftHost.com , or with a third party, failing
      which, XsoftHost.com reserves the right to suspend the service without prior notice.
   5. The Customer acknowledges and agrees to be also subject to the laws applicable in the territory on which the
      equipment are installed. Hence, the Customer acknowledges XsoftHost.com’s right to suspend his service if it is
      used for a prohibited activity at the place of physical location of the equipment provided by XsoftHost.com . The Customer a
      lso agrees that the same right applies on IP addresses and the Customer acknowledges XsoftHost.com’s right to suspend an IP
      if it is used for a prohibited activity at the place of registration of the IP. In the event of such use, XsoftHost.com may suspend all the IP address of the Customer registered in the same location
   6. XsoftHost.com has the right to suspend the Services (without prior notification) in accordance with the
      provisions set out in the Terms and Conditions, and if the Customer is in breach of any
      of terms and conditions, any applicable laws and regulations in force, or
      any applicable third party rights whatsoever.
   7. XsoftHost.com reserves the right to undertake checks to ensure that the Services are being used by the
      Customer in accordance with this Contract.

3. OUTGOING TRAFFIC TERMS:

   In the case of outgoing emails identified as spam or fraudulent e-mails from Customer’s VPS server, XsoftHost.com shall inform the Customer by e-mail and block the Server’s SMTP port.
   if the customer solve the case then customer may request unblocking of the SMTP port through send e-mail to XsoftHost.com .

   Any new e-mail identified as spam will entail a new blocking of the SMTP port by XsoftHost.com
   for a longer period to be determined at XsoftHost.com’s reasonable discretion

   If XsoftHost.com blocked the SMTP three times because of spam or traffic violation , XsoftHost.com reserves the right to deny any new request for the unlocking of the SMTP port

4. PROHIBITED ACTIVITIES ON VPS:

   XsoftHost.com will proceed immediate suspension (without notice) if one of the following (including but not limited) services or activities found on the server :

   • IRC servers
   • Traffic Exchange, HitLeap, Automated Browsing, Crawlers, iMarcos, AutoSurf etc.
   • Pirated Content / Warez / Illegal Downloads/Uploads
   • IP Scanners / Port Scanning / Brute-force Programs
   • Email Spamming of any type
   • Investment Sites (HYIP, FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
   • Lottery / Gambling Sites
   • MUDs / RPGs / PBBGs
   • Sites promoting hacking / illegal activities
   • Bank Debentures / Bank Debenture Trading Programs
   • Fraudulent / Phishing / Replica Sites
   • Public Proxies / Public VPNs / TOR Exit / Anonymizers
   • TeamSpeak / Mumble
   • Virtual Currency Mining (including but not limited to bitcoin)
   • DDoS-prone applications or booters / flood scripts / IP spoofing
   • Open DNS resolvers / recursors
   • Cracking tools / illegal software key generators
   • Public Game Servers
   • File hosting services
   • Cardsharing (CCCam or equivalent)
   • P2P or file-sharing networks
   • Making any files or links that breach third party intellectual
     property rights publicly available via websites hosted on their Instance

5. PROTECTION FROM DOS AND DDOS ATTACKS TERMS:

   XsoftHost.com is providing a protection against Denial Of Service (DOS) and Distributed Denial Of Service (DDOS)
   computer attacks and provided when made in a massive way.
   the customer agrees that due to the nature and complexity of this Protection Service, XsoftHost.com is not subject to an obligation of means;
   it is possible that the attack is not detected by the tools in place, and that the tools developed
   do not prevent the operation of the Service to be interrupted.

   Neither these tools nor XsoftHost.com prevent other computer attacks such as SQL injection, brute-force, security vulnerabilities’ exploitation etc ;
   its the customer’s responsibilities to protect the server for those kind of attacks.

6. REFUND TERMS:

   NONE of the VPS server modules and products fees are refundable , excluding section 1 of this terms, in event of failing of delivering from XsoftHost.com .