TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE OR SIGNING UP FOR ANY SERVICE THAT X-ZONESERVERS OFFERS.
1.1 X-ZoneServers makes available the VPS and related services subject to these Terms and Conditions.
1.2 For the purposes of the Terms and Conditions, the word “you” means the individual requesting one or more services provided by X-ZoneServers, and, if applicable, includes any other legal entity on behalf of which an individual makes such a request. Additionally, you agree not to make such a request on behalf of any other legal entity unless you have the authority to bind that legal entity to the Terms and Conditions.
- ACCEPTANCE OF TERMS
2.1 Capacity. You represent and warrant to X-ZoneServers that you have the capacity to enter into a legal agreement in the region in which you reside. If you do not have the capacity to enter into a legal agreement in the region in which you reside, do not request services from X-ZoneServers unless your parent or guardian enters into the Terms and Conditions on your behalf.
2.2 You represent and warrant to X-ZoneServers that your use of any service that it provides will not violate any applicable law or regulation in the region in which you reside. If you are unable or unwilling to do so, do not request services from X-ZoneServers.
3.1 Your Information. You represent and warrant that any information you provide about yourself is true, and you will maintain and promptly update such information to keep it true and current.
3.3 Communications. X-ZoneServers reserves the right to communicate with you regarding the Services and your use of the Site. You consent to X-ZoneServers’ use of any contact information that you provide to X-ZoneServers in doing so.
3.4 Passwords. If you are given a username and/or a password for the purpose of accessing certain features of the Services or certain features of the Site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that password is kept confidential. If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform X-ZoneServers immediately.
- DESCRIPTION OF SERVICES
4.1 Any Service identified as a “VPS” in its Service Description is a Virtual Private Server (VPS) Service.
4.2 VPS Environment. X-ZoneServers shall deliver the VPS Service using hardware and monitoring services that are maintained and monitored on a 24/7 basis. This includes: using commercially reasonable efforts to maintain reasonable temperature and humidity levels, fire suppression controls, power conditioning equipment and uninterruptible power supplies for the proper ongoing operation of X-ZoneServers’ VPS hardware.
4.3 Remote Access. You will be given remote access to upload files for your VPS provided that you do so in a manner consistent with the TOS. Your VPS Service also includes root access to your VPS server.
4.4 Availability. A VPS Service is “Available” if the: (a) the hardware being used to provide it is operating; and (b) the Internet connection provided as part of the VPS Service is operational.
5.1 Intellectual Property. No intellectual property rights are transferred by X-ZoneServers to you by these Terms and Conditions.
5.2 Your Content. “Your Content” means all materials, information, data or code that you upload, store, transmit, receive or process in connection with the Services. You hereby grant to X-ZoneServers and its directors, officers, employees, agents, consultants or subcontractors the right to use, reproduce, transmit and delete (as applicable) Your Content in such manner as may be necessary to enable X-ZoneServers to perform the Services and otherwise exercise any right or perform any obligations under this Agreement.
5.3 Monitoring Your Content. Although X-ZoneServers is not obligated to monitor content and assumes no responsibility for Your Content or the content of its other customers, X-ZoneServers reserves the right, subject to all applicable laws, to investigate Your Content and may block access to, refuse to host, or remove any information or material that it deems to be in breach.
5.4 Use our servers or network to send unsolicited or spam e-mail to other Internet users regardless of whether we are referred to or not either directly or indirectly in such postings. Failure to meet this obligation would result in the termination of this Contract without refund;
- COMPLAINTS PROCEDURE
6.1 X-ZoneServers guarantees highest level of Customer Care service round the clock. If you feel dissatisfied with any aspect of the Service, feel free to make use of our complaints procedure detailed below.
6.2 In order to file a complaint, please send us an email specifying the nature of the problem you are experiencing. Please, provide as many details about your particular case as possible. The more we know about the situation, the better, prompt and adequate our resolution will be.
6.3 Here are our steps of addressing every single complaint:
- X-ZoneServers will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. X-ZoneServers reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive.
- A X-ZoneServers’ Customer Care representative will review your situation, look for an appropriate solution and inform you of the timeframe within which a response should be expected.
- If X-ZoneServers’ Customer Care representative can’t resolve your complaint within the pre-announced period, your complaint will be escalated to a Customer Care manager.
6.4 If the Customer Care manager can’t resolve your complaint, as well, it will be forwarded to the next senior person, who will investigate the case to ensure that all necessary measures have been taken and will respond in writing within two working days, and reply with a solution within five working days.
- LATE PAYMENTS
7.1 If you do not pay in the last billing day the service will be suspended at that very moment. Kindly note that the invoice will still be available for 2 extra days. In case of late payment X-ZoneServers does not guarantee that your date will still be available as your services may be seen in the system as a new order and old data might be already erased.
7.2 X-ZoneServers is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, X-ZoneServers reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.
- PAYMENTS AND BILLING
8.1 X-ZoneServers will automatically bill your payment method on file on the first day of each Billing Term. All fees are subject to change with thirty (30) days prior notice to you.
8.2 Your “Billing Term” is the period of time you have chosen to receive bills for the Services.
8.3 X-ZoneServers is only able to automatically collect payment from users with credit cards. All other payment methods must be initiated manually by you. It is your obligation to ensure that recurring fees are paid on their due date.
8.4 As a customer, it is your responsibility to ensure that all billing information on file with X-ZoneServers is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.
- CHARGEBACKS, REVERSALS, AND RETRIEVALS
9.1 If X-ZoneServers receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your Services may be suspended without notice. A chargeback fee, plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact us to address any billing issues.
9.2 If we appeal a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to us by the credit card company or bank. Any double payment resulting from this process will be applied to your account in the form of a service credit.
- CANCELLATION OF SERVICES
10.1 Either party may terminate this Agreement by providing notice to the other as provided herein.
10.2 You may cancel Service(s) with X-ZoneServers by submitting a cancellation request in writing by logging into your account. In the event that you are unable to login to your account, please contact us via email and we will assist you. However, X-ZoneServers prefers that cancellations are submitted through the account center to reduce the likelihood of error and ensure the security of your account. Cancellations are not final until confirmed by a representative of X-ZoneServers in writing by email.
10.3 Cancellations must be requested 48 hours or more prior to the Service’s renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment.
10.4 When upgrading or downgrading package(s), you are responsible for canceling any previous package(s). To cancel previous package(s), you must submit a written cancellation request.
11.1 X-ZoneServers may terminate this Agreement at any time. Should we terminate this Agreement for any reason other than a material breach, any prepaid fees shall be refunded.
11.2 One party may also terminate this Agreement upon the occurrence of a material breach which has not been cured by the other party within ten (10) days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.
11.3 All website data will be deleted from our servers 3 days after cancellation. No backup or archive will be kept by X-ZoneServers. It is your responsibility to take any backup of their date before this time.
11.4 We do not guarantee the prevention of data loss. In the event of data loss, we shall not be held responsible for any damages, including but not limited to loss of revenue or information.
You agree to indemnify, defend and hold harmless X-ZoneServers from and against any and all claims, damages, losses. liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or relating to: (i) your use of the Services; (ii) any violation by you of any of X-ZoneServers’ policies; (iii) any breach of any of your representations, warranties or covenants contained in this Agreement; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.