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TERMS OF SERVICE

LEGAL DOCUMENT

XHostFire LLC provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All registered clients of XHostFire Limited are subject to the following terms of service:


Indemnification Policy

You agree to use all XHostFire services and facilities at your own risk. XHostFire specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall XHostFire be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Clients agree that they shall defend, indemnify, save and hold XHostFire harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against XHostFire , its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Clients agree to defend, indemnify and hold harmless XHostFire against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with XHostFire 's network.

XHostFire reserves the right to intervene with any website hosted on its servers/network in the interest of its clients. Any material supplied/hosted by a client that is infringing or allegedly infringing on the proprietary rights of a third party Copyright Owner are subject to any defective products sold to customer from XHostFire 's server. XHostFire shall be the sole judge of what violates this Policy.


Billing:

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. We provide a 1 day money back (refund) guarantee. Each refund request must be submitted using our support ticket sysytem located at www.xhostfire.com/clientarea. Each refund request is evaluated on a case by case basis - depending on the situation, no refund, full refund or partial refund will be issued. If a refund is not issued, an account credit may be issued. XHostFire will only issue a refund or credit within 24 hours after the initial signup date of the service. Therefore, XHostFire retains the right to grant or deny any refund or credit request - not affected by date. (For some special offers, the money-back-guarantee day will be varied; Domain Name registration/transfer fee(s) are non-refundable. Bitcoin payments are non-refundable but may receive an account credit. To prevent abuse, only a clients first invoice is eligible for a refund unless stated otherwise.


We accept Visa, Master Card, American Express, Discover Card, PayPal and Bitcoin. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.


Uptime Guarantee:

XHostFire offers each client with a 99.5% uptime guarantee. In the event that a 99.5% uptime (measured per month) is not met, clients will be eligible to receive a credit(s) based on the situation and amount of downtime. However credit(s) may not be provided for certain events such as: DDoS (Distrubted Denial of Service) attacks, scheduled maintenance, reboots, hardware replacements and null-routes. In order to receive a "compensation" credit, the client must do so by making a request by opening a billing ticket or by emailing support.


Acceptable Use Policy:

All services provided by XHostFire may 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 City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless XHostFire and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending material or users are suspended and or terminated from our network, with or without prior notice.


Clients acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of XHostFire and that damages resulting from any interruption of service are difficult to ascertain. Therefore, clients agree that XHostFire shall not be liable for any damages arising from such causes beyond the direct and exclusive control of XHostFire .


Subscriber further acknowledges that XHostFire 's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall XHostFire be held liable for any special or consequential damages, loss or injury.


All cPanel accounts are limited under CloudLinux virtualization, the resources including within our packages are not dedicated to you nor do you have the right to use all those resources. They are simply in place to prevent attacks or abuse from disrupting other customers. If you reach your limits, you can open a support ticket and we may raise your limits if we feel if it will be necessary. If your limits have already been raised and you still remain to reach them constantly, we may ask you to upgrade or move to a more powerful service. We retain the right to suspend accounts who are constantly reaching their maximum limits. Please open a support ticket for more information.

All cPanel servers run weekly offsite backups of accounts, this process happens during off-peak hours and may cause a decrease in server/network performance. We are not responsible for any performance decrease during the process, nor is it included within our uptime guarantee. We are not responsible for cPanel backups, and cannot guarantee their availability.


Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. All outgoing mail is limited on our web hosting servers to 100 emails per hour/domain. Mail spam/abuse is not tolerated and will result in an instant suspension. Accounts suspended due to content or AUP violation will not refunded under any circumstances.


Banned Material:

The following is prohibited, using them will result in an account suspension or termination without warning. We reserve the right to add/remove any items on this list without reason:

  • IRC Egg Drops
  • Stressers/Booters
  • Resolvers/Sniffers
  • Mail/SMS Bombers
  • Unsolicited Bulk Email (UBE)
  • Anonymous Mailers
  • IP Address Spoofers
  • Pornographic Content
  • Usenet Groups
  • Open proxies
  • Destructive Activities including but not limited to phishing, malware and/or distributing malicious content.
  • Illegal Actvities including but not limited to ponzi schemes, pyramid schemes, phishing, scam websites and pirating software.
  • Cryptocurrency (such as BTC) miners
  • Malicious PHP Shells (Example: C99 Shell)
  • FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.
  • On our Norwegian servers, we specifically do not allow public VPNs (personal use is allowed, but for business - permission required from us), TOR or streaming.

  • LIMITATION OF LIABILITY:

    XHostFire shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from XHostFire servers going off-line or being unavailable for any reason whatsoever. Furthermore, XHostFire shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of XHostFire servers. All damages shall be limited to the immediate termination of service.


    Late Payments:

    All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 3 days after deactivation, your account will be suspended. If you will not pay for service renew in 21 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.


    DISCLAIMER:

    XHostFire cannot be held liable for system downtime, crashes, or data loss. XHostFire has the right to terminate, suspend or cancel any client and or any service without notice or refund. We cannot be held liable for any predicted estimate of profits/income in which a client would have gained if their service was functioning. Certain services provided by XHostFire are resold. Thus, certain equipment, routing, software, and programming used by XHostFire are not directly owned or written by XHostFire . Moreover, XHostFire holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advance notice for any reason without restitution as XHostFire sees fit. XHostFire is not responsible for any clients files, data or actions. FURTHERMORE, XHostFire retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.



    All of our servers follow this ToS regardless of location.
    Last updated: July 2017
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