Web & Email Hosting Terms of Services
The following is the entire Acceptable User Policy (“AUP”) agreement between XYPNET, hereinafter referred to as The Company, and YOU Hereinafter referred to as YOU/YOUR.
The Company provides World Wide Web Hosting, Marketing, and Development. The Company has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. The Company’s general policy is to act as a provider of Internet presence. The Company reserves the rights to suspend or cancel a customer’s access to any or all services provided by The Company when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server or customer of The Company is strictly prohibited. The Company will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to The Company, will result in action against YOU. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack. IMPORTANT NOTE The Company has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to:
Warez sites (including links to/from)
Cracks, software serial numbers
Link farming (the act of or by use of scripts), link grinding, link only sites
Spamdexing, FFA (FreeForAll) and/or anything else determined by The Company to be unacceptable use of our services including abuse of server resources
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are outofdate and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR webbased applications and scripts on a regular basis to ensure their security and orderliness. Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer installed copy protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
STORAGE SPACE ABUSE
The Company will not tolerate any form of storage space abuse. At least 90% of the Customer’s web pages must be ‘linked’ with files (GIF, JPEG, etc.) stored on The Company servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account termination at the discretion of The Company’s Management, with or without prior notice.
The intention of The Company is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements (“SPAM”) are not allowed in email, and will likely result in account termination. The Company takes a zero tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice. The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account termination See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different offtopic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving email, YOU must not send that person any further messages. NOTE If YOU use the services of another provider to promote a website hosted by or through The Company (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
(1.) COVERAGE – This 99.99% uptime guarantee applies to any Customer in good financial standing with The Company at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT (“SLA”) & SPECIFICATIONS The Company endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime (“unavailability”) is defined as 100% packet loss from The Company to its backbone providers. Downtime is measured past 15 minutes after notification, and confirmation of network failure by the COMPANY. The COMPANY’s administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Company network.
(3.) SHARED HOSTING CREDITS In the event that YOUR website is unavailable for less than 100%, The Company will credit the following month’s service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month. Monthly Uptime Credit: 95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee 89.9% or below – YOUR account will be credited 50% of your monthly hosting fee
(4.) RESTRICTIONS – Credit shall not be provided to YOU in the event that you have any outage resulting from: scheduled maintenance as posted from time to time at The Company, your behavior or the performance or failure of your equipment, facilities or applications, circumstances beyond The COMPANY’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, YOU breaking any agreement policy in The COMPANY’s “Terms & Conditions and AUP” causing a machine to fail as a result.
TECHNICAL SUPPORT BOUNDARIES
The Company provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues. However, in under no circumstances is The Company neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the cPanel control panel interface are installed as directed.
XYPNET reserves the right to decide which support is within our areas of expertise. XYPNET has the right to charge additional fees for support on services that are outside our areas of expertise. Such services include assistance, troubleshooting your website code or scripts. XYPNET will accept customer support from you only by opening Live Chat or a Ticket through our Support Ticketing system located in your Client Area. XYPNET will not be held liable to provide customer support if it requested in any other way apart from the Live Chat or Support Ticketing System. XYPNET may delay in responding to tickets that are opened in inappropriate categories and will not have liability to respond to tickets that are opened in inappropriate categories.
Each shared web hosting account comes with its own CGIBIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (this section does not apply to managed dedicated servers)
We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with The Company. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides ‘realtime’ chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable.
SMTP MAIL SERVER ABUSE
We do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more than 1,000 pieces of email per day with a maximum filesize of 20MB per email message. If YOU violate The Company policies persistently in email activities, YOUR account will be suspended and deleted.
BACKGROUND RUNNING PROGRAMS
We may allow programs to run continually in the background. These are considered on a onetoone basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.
BILLING AND PAYMENTS
All accounts are set up on a prepay basis. Setup fees are charged for all new accounts as well as major account changes and are nonrefundable. All pricing is guaranteed for the term of prepayment. The Company reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of email notice or exceeding this time frame in any way is subject to suspension. If an invoice is not paid by the due date, a late fee of 10% of the balance or the maximum amount allowed by law will be assessed to the invoice.
YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify The Company in writing to request for termination of services. YOU also remain responsible for paying monthly service fee equal to monthly hosting charges if YOUR account is suspended for non-payment. If an invoice is not paid for within 90 days, XYPNET reserves the right to terminate the service, with or without prior notice.
All The Company accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. Please contact the billing department at firstname.lastname@example.org should you wish to change your anniversary billing cycle.
Unless otherwise provided, you agree that until and unless you notify XYPNET of YOUR desire to cancel the Services, YOU will be billed on an automatically recurring basis to prevent any disruption to YOUR Services, using your credit card or other billing information on file with us.
XYPNET complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of OUR customer’s data and billing information. However, YOU are solely responsible for the security of the data and billing information on YOUR Website. XYPNET does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
MONEY BACK GUARANTEE
There are no refunds on dedicated servers, VPS, domain registration/renewal and setup/installation.
Refunds will be made to your Credit/Debit card. If you use any payment method other than Credit/Debit card, credit will be posted to your hosting account instead of a refund.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
CANCELATION OF SERVICE
The Company reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be prorated and paid by The Company if we institutes our right of cancelation. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, addon/ upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. If YOU cancel, the full contract amount less any setup fees and overages will be refunded if The Company is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal account made available by the Customer after the 120th day. Refund policy will not be made available to Customers using wire transfers.
PROMOTIONAL RATES & SPECIAL OFFERS
The Company may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
Customers may not use the The Company network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. The Company will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation: (a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products, (b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and (c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING YOU expressly (i) grant to The Company a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by The Company under this Agreement and (ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.
IP ADDRESS OWNERSHIP
The Company shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by The Company. The Company reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
The Company reserves the right to refuse service to anyone. YOU may only use The Company server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in Zambia, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, 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 nonacceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3”. The designation of any materials as such described above is left entirely to the discretion of The Company management. If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that The Company may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD The Company HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST The Company, 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 YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS The Company AGAINST LIABILITIES ARISING OUT OF: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH The COMPANY’S SERVER. (2) ANY MATERIAL SUPPLIED BY The CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON The PROPRIETARY RIGHTS OF A THIRD PARTY (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM The COMPANY’S SERVER.
The Company WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. The Company MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. The Company DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY The Company AND ITS EMPLOYEES. The Company RESERVES The RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUBNETWORKS OF The Company MUST ADHERE TO The ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELLATION.
The Company follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.