TERMS AND CONDITIONS

The following Terms and Conditions Apply:

  • These terms and conditions are subject to change without prior notice. Please familiarize yourself constantly.
  • By using your service you acknowledge that you have read and accepted these Terms and Conditions

Terms and Conditions for Virtual Private Servers:

  1. Customer will be given a private dedicated server, on KVM based Virtual Machine. within 24 hours of purchase.
  2. Delivery of VPS can be extended beyond 24 hours if the payment has to be veryfied by the online payment or Credit Card Company.
  3. We will install a Linux or FreeBSD Operating System on it. Our fully supported Linux distributions are: ArchLinux, Debian, CentOS, Ubuntu, Fedora, OpenSUSE, and Scientific Linux..
  4. We will install the latest stable, 32 bit version of the OS, unless otherwise specified by the Customer. Any other Operating System or distribution will be on the Customer's request, and we will install it to the best of our knowledge. In case we get a reqest for installing an Operating System that requires a licence or a product key (ie Windows), those have to be provided by the Customer.
  5. Customer can provide an ISO image (or a link) for us to install the OS on your server.
  6. Customer has full root access to his/her VPS.
  7. We will provide the Customer with an installation with a root account and a root password, which must be changed on first login. We will setup any username or hostname as specified by the Customer.
  8. Service can be used for any legal activity, and any legal software can be run on it.
  9. Our services can be used for reselling, and the IP addresses can be used for any number of web sites or web services.
  10. Security of the Virtual Private Server is Customer's responsability.
  11. We will not be held responsible for any data loss on VPSs. Data backup is Customer's responsibility. However, we will do our best to help on data recovery to the best of our effort and knowledge to recover the VPS data (either to the present state or the last 24 hours state). We do not warranty the data recovery in any way.
  12. At any time, Customer can ask for a VPS snapshot, and we will send it (or the link for its download) within 48 hours.

About VPS Backups

  1. We make daily on-site and weekly off-site backups of all the VPSs
  2. Daily backups are stored on the same server where the VPS resides.
  3. Weekly backups are made every friday and the snapshot is stored in a separate data center.
  4. We can revert to the present day or present week backup upon Customer request.
  5. All the older snapshots are destroyed as soon as the new one is created.
  6. If a Customer does not want his/her VPS to be backed up, he/she must make an explicit request via our support ticketing system.
  7. We do not offer any warranty that backups will deliver a functional system.
  8. We do not give any warranty for backup availability.
  9. Backups do not come with any warranty for data recovery.
  10. Backups are an extra courtesy service offered by xotHost.com. They do not come with any warranty and do not relieve the Customer from backing up his/her data.

Terms and Conditions for Dedicated Servers

  1. Dedicated Server delivery is within 48 hours of purchase
  2. Delivery of Dedicated Server can be extended beyond 48 hours if the payment has to be veryfied by the online payment or Credit Card Company.
  3. We will install a Linux or FreeBSD Operating System on it. Our fully supported Linux distributions are: ArchLinux, Debian, CentOS, Ubuntu, Fedora, OpenSUSE, and Scientific Linux..
  4. We will install the latest stable, 32 or 64 bit version of the OS, unless otherwise specified by the Customer. Any other Operating System or distribution will be on the Customer's request, and we will install it to the best of our knowledge. In case we get a reqest for installing an Operating System that requires a licence or a product key (ie Windows), those have to be provided by the Customer.
  5. Customer can provide an ISO image (or a link) for us to install the OS on your server.
  6. Customer has full root access to his/her server.
  7. We will provide the Customer with an installation with a root account and a root password, which must be changed on first login. We will setup any username or hostname as specified by the Customer.
  8. Service can be used for any legal activity, and any legal software can be run on it.
  9. Our services can be used for reselling, and the IP addresses can be used for any number of web sites or web services.
  10. Security of the Server is customer's responsibility.
  11. We will not be held responsible for any data loss on the server. Data backup is Customer's responsibility. However, we will do our best to help on data recovery to the best of our effort and knowledge to recover the Server data. We do not warranty the data recovery in any way.

Cancellation Policy:

  1. This policy applies for all our offered products and for all the individual accounts.
  2. To cancel your server or account, just send an email to sales@xothost.com 48 hours or more before your account renewal.
  3. We will refund your fee if the cancellation is based on a failure from our side.
  4. After the cancellation is requested by the customer, we will give the customer 48 hours to recover the server's data if available, and after that, we will shut down the service.
  5. If we recieve any complaint from Credit Card Companies or from Paypal or 2CheckOut that a payment was done on a fraudulent way, we will refund the money immediately to the affected party (ie: the credit card owner or the owner of the Paypal / 2CheckOut account who filed the complaint), and we will stop the server immediately, without prior notice. We will keep the data for 10 days waiting for clarification.
  6. If a service it has been used for illegal purposes, abuse, or Spam, the service will be canceled withour prior notice.

Bitcoin Payment Procedure:

  1. When selecting bitcoin (BTC) as payment method under the xotHost.com online shop, a unique bitcoin address is generated.
  2. The sales staff at xotHost.com will review the order and make a BTC-USD conversion using the rate at the bitcoincharts.com website (based on 24h weighted prices).
  3. After the BTC rate has been established, the sales agent will send an email to the Customer with the correct ammount.
  4. The customer will make the payment with the correct ammount to the address assigned while placing the order.
  5. When the payment is confirmed on the BTC address, the order will be processed.

Service Renewal procedure:

  1. This policy applies for all our offered products and for all the individual accounts.
  2. 2 days before service expiry date, we will send an email to the Customer, informing about the renewal date, and givingthe options for re-payment.
  3. On the renewal date, if we haven't received a payment, we will send a reminder, or a PayPal payment request for the required amount.
  4. 2 days after renewal date, we will shut down the service, and at the same time will send an email to the Customer, informing about the server shutdown.
  5. We will keep the Virtual Machine shut for 10 days, in case the Customer wants to renew in that period.
  6. After 10 days, we will destroy all the data and information, without keeping any backup (Virtual Private Server only).
  7. In the case of Dedicated Servers, once the cancellation is done, we will destroy all the data immediately.

Our obligations:

  1. Provide the Customer the service that has been agreed.
  2. Solve any technical issues that arise, which is under our responsability, such as connection issues, hardware problems, servers down due to our own fault.
  3. We do not install any back door on your server. All the information in it belongs to you and we do not have access to it. Any investigation or action from us will be based on abuse reports from our providers.
  4. We will help our Customers to the best of our efforts on any problem, question or doubt that arises due to the usage of the service. However, we do not warranty solving the problem, nor we warranty providing technical support for those situations.
  5. We treat any case and every person individually.

Customer's Obligations:

  1. You may not use your services for any illegal activity. Your server will be terminated without previous notice.
  2. If we detect that spam is being sent from your IP, the server will be terminated without previous notice.
  3. Our services cannot be used to download any copyrighted material.
  4. If we suspect that any fraud or fraudulent content or activity is taking place using our services, the service will be terminated without prior notice.
  5. If we recieved a complaint about fraudulent payment, we will terminate the server without prior notice.
  6. If service hasn't been renewed 2 days after expiry, we will shut down the service, and inform you via email, keeping the  VPS offline for 10 days. For dedicated servers, the data will be destroyed immediately.
  7. Since you have root access to your server and we cannot access it, we cannot hold responsibility for failures due to your own input. However, we will give you support to the best of our effort, or give you advise or guidance on how you could solve the problem, to the best of our knowledge.
  8. Change all the passwords provided by us on first login. You must select a strong password.
  9. Data and VPS backup is Customer's responsibility. We do keep snapshots of the Virtual Private Servers, but we cannot warranty to give those snapshots back (ie. in case of total hardware failure on the server).
  10. By accepting the following contract, the Customer releases xotHost.com from any resposibility with third parties, autorities, or persons concerning the misuse or fraudulent utilization of our services.
  11. Be familiar with these Terms and Conditions before purchasing any service with xotHost.com

About Fraudulent use of our Services:

  1. Any fraudulent use of our services will result on the service being cancelled immediately without refund.
  2. Fraudulent use include, but is not limited to:
    1. Sending unsolicited Bulk email ("UBE", "spam"),
    2. Transmission, distribution or storage of material protected by copyright, trade mark, trade secret or other intelectual property right used without proper authorization. 
    3. phishing, denial-of-service attacks, illegal activities generating from the server or VPS.
    4. illegal access to any account or computer resource not belonging to that user.
    5. Any other activity deemed illegal by authorities or other private or public agencies.
  3. xotHost.com will fully cooperate with law enforcement and private anti-spam security companies when such situations arise.

Please direct any questions about our Terms and Conditions to support@xothost.com

Copyright Notices:

  • The xotHost.com name, copyright 2010-2014, xotHost.com.
  • he xotHost logo, Copyright 2010-2014 by Laura Merediz
  • The term "Linux" is a registered trademark of Linus Torvalds, the original author of the Linux kernel.
  • The Tux mascot was created by Larry Ewing using the GIMP (GNU Image Manipulation Program)
  • BSD Daemon Copyright 1988 by Marshall Kirk McKusick.
    All Rights Reserved.
    Permission to use the daemon may be obtained from:
    Marshall Kirk McKusick
    1614 Oxford St
    Berkeley, CA 94709-1608
    USA
    or via email at mckusick@mckusick.com
  • The server picture on the front page taken from Wikipedia, user Victorgrigas and licensed under the Creative Commons Attribution-Share Alike 3.0 Unported license.
  • All other titles, applications, products, and so forth are copyrighted and/or trademarked by their respective authors.