Terms of Service

The use of services from Xenfinity Hosting constitutes an agreement by the signatory to the stipulations detailed below.

List of Contents

  1. Definitions
  2. Billing Cycle
  3. Cancellations
  4. Xenfinity's Obligations
  5. Xenfinity's Liability
  6. Signatory's Obligations and Liabilities
  7. Operating Conditions
  8. Content Restrictions and Resource Usage
  9. Tolerance
  10. Xenfinity's Guarantees

Definitions

"Xenfinity Hosting" and "Xenfinity, LLC" are hereafter referred to as "Xenfinity". The signatory is the person or persons who agree to and acknowledge that they agree to these terms upon his/her/their ordering of a service. Xenfinity's services are virtual private server hosting (hereafter referred to as "VPS hosting") and cPanel shared web hosting (hereafter referred to as "shared hosting"). All Xenfinity services are subject to agreement by the signatory, and the signatory must agree to these terms to use Xenfinity services.

A term, or billing cycle, is a period of time in which a service is paid for and active for the signatory.

Billing Cycle

The initial term of a purchased VPS hosting service shall begin the day during which the signatory receives the VPS root login credentials. The signatory is considered to have received the VPS root login credentials if an email from Xenfinity is delivered to the primary email address on the billing file of the signatory.

The initial term of a purchased shared hosting service begins the day during which the signatory orders the hosting service. The account should be activated instantly with or without payment. If due to technical difficulties the account is not activated on the day of ordering, the initial term begins the day when the account is provisioned.

Once a service term has begun, it shall continue in 1-month, 3-month, 6-month, or 12-month cycles. Upon expiry of each term, the signatory shall be invoiced the value of continuing the service for another term unless Xenfinity or the signatory provides the other with written notice of the cessation of invoicing for the service.

Cancellations

Guarantees for cancellations within seven (7) days of the first billing cycle are described in the Xenfinity's Guarantees section hereunder. All other cancellation policies are described in this section (Cancellations).

If the signatory requests a cancellation, Xenfinity shall provide a prorated refund to the signatory calculated as follows: The number of full days remaining in the current billing cycle divided by the number of days total in the current billing cycle times the amount paid for the current billing cycle.

If Xenfinity cites the signatory as having violated a policy in these stipulations, no refund may be provided and Xenfinity may terminate the associated service with or without warning. Third-party licenses, domains, IP addresses, additional disk space, and quoted services purchased through Xenfinity are non-refundable. The signatory should submit any cancellation requests at least 24 hours before the beginning of the next billing cycle, or charges could be derived from that next billing cycle.

When cancellations are processed, refunds are made in the form of credit to the signatory's billing account. By the signatory's request, the refund value may be withdrawn through the original payment gateway only; however, processing fees for the transfer of money must be paid for by the signatory. All transactions are to be anchored in Xenfinity's currency, United States dollars, and processed in that currency, reflecting the exchange rate in effect on the date of the transaction.

Cancellations may be submitted as a support ticket, from the primary email address of the signatory, or from the signatory's billing control panel.

Failure to pay due invoices shall result in suspension or termination of the involved service or services, and the balance may be turned over to a third-party collection agency for recovery. The signatory shall be responsible for all collection and recovery fees, including court costs. Xenfinity shall not guarantee the data integrity of services suspended for non-pay. The signatory in this case shall allow Xenfinity to purge the suspended service and its associated data. By convention, Xenfinity should preserve suspended data until it needs to be removed to make space for other services, but Xenfinity is not obligated to follow this convention.

Additional terms for PayPal payments: For each cancellation refund of a paid invoice through the PayPal payment gateway within sixty (60) days of the invoice payment, Xenfinity will assess a $0.60 fee by reducing the refund value by $0.60. If this refund value becomes negative, only account credit may be granted. After sixty (60) days of the invoice payment, each pro-rated cancellation refund shall be calculated as follows: the number of full days remaining in the current billing cycle divided by the number of days total in the current billing cycle times amount paid for the current billing cycle times 0.971 minus $0.30. This refund would be sent through PayPal's "Send Money" feature, and PayPal may issue an additional fee for the refund.

Xenfinity's Obligations

Xenfinity agrees to use all due care and dispatch to provide quality services in accordance with professional conventions and modern technology. Xenfinity only has an obligation of means.

Xenfinity's Liability

Xenfinity shall not be liable in the following circumstances:

If the performance, quality, or stability of a Xenfinity service is disrupted, barred, or limited due to a fire, a flood, an explosion, a power failure, a war, a trade embargo, a statute, an injunction, an intervention by law enforcement, a demand by a government with jurisdiction over the server, a strike, a boycott, a withdrawal of authorization to the hardware node by the data center, or any other circumstances beyond Xenfinity's reasonable control (force majeure events), then both Xenfinity and the signatory shall be relieved from performing their obligations within the scope of such force majeure events.

Whichever party, Xenfinity or the signatory, is affected by a force majeure event shall keep the other party informed of the status of the event via electronic mail or support ticket. The party should include details of the event, the prognosis of eliminating the event, or of recovering from the event. If after seven (7) days, the force majeure events are still affecting either party or the service upon which the parties have agreed, the service and any agreements relating to that service may be terminated at the request of either party without any right to compensation for either of them.

Xenfinity shall also assume no liability for service interference caused by the signatory or by persons acting for or under the signatory. Xenfinity shall not be liable in any way whatsoever for damages, costs, or losses incurred by the signatory and caused by another signatory's act, material, or negligence.

Xenfinity's liability in contract in tort, by statute, or by other means to the signatory or to persons acting for or under the signatory concerning performance, non-performance, or stability, as applicable, of any obligation created under a service agreement, with regard to any claim, shall be limited and shall not in the aggregate exceed the total fees paid by the signatory to Xenfinity under that service agreement in the three- (3-) month period immediately preceding the date on which the claim arose. In no event shall Xenfinity be liable for any lost profits, or any special, indirect, consequential, incidental, or punitive damages.

Xenfinity does not offer any backups for the data under the signatory's partitions and storage devices. It is therefore the signatory's responsibility to take all necessary action to back up his/her/their own data in the event of a loss or deterioration of such data for any reason whatsoever, including reasons not explicitly mentioned hereunder.

Signatory's Obligations and Liabilities

The signatory agrees to use his/her/their power, authority, and capabilities to enter in a service agreement and perform his/her/their obligations as provided hereunder.

The signatory agrees to communicate to Xenfinity his/her/their updated contact information upon the registration of the signatory's account and each time such information is modified.

The signatory is solely and exclusively responsible for the passwords that are required in order to use the Xenfinity services to which the signatory has agreed. Xenfinity is not responsible for the illegal or fraudulent use of passwords made available to the signatory. These passwords are considered confidential. The signatory shall be solely liable, at the exclusion of Xenfinity, in the event of any suspicion that the passwords have been disclosed, regardless of whether the disclosure was intentional or not.

The signatory also agrees to comply with all legal and regulatory requirements in effect, including those pertaining to software, digital data, freedom, intellectual property, and the rights of third parties.

The signatory also agrees to inform Xenfinity within 48 hours of any changes in his/her/their situation, and within 24 hours, of any lost passwords.

Operating Conditions

The signatory hereby acknowledges that bandwidth fluctuations and problems with the data center of the host node could cause an interference in the services provided by Xenfinity, which it would be unable to resolve.

Service agreements shall be restricted, limited, suspended, or terminated, as of right, by Xenfinity if it seems that the signatory is using the services provided in a way that is not in compliance with these terms of service, if Xenfinity receives a warning from an authoritative body, if Xenfinity receives a warning that the rights of a third-party are being violated by the signatory, or if the signatory's contact information seems to be false, inaccurate, or out-of-date.

Content Restrictions and Resource Usage

Xenfinity does not allow the use of services for illegal activities. Xenfinity will comply with all orders from a competent administrative, arbitral, or judicial authority. In particular, any adult content must be legal, according to the country in which the host node (hosting server) resides, and of adults. Xenfinity shall treat all crimes seriously, but crimes equivalent to felonies shall be addressed with utmost importance. The Privacy Policy does not apply to the signatory if an authority has a warrant to investigate him/her/them. No service refunds are permitted if the signatory violates any of these terms.

VPS Hosting

In addition, the signatory shall not use Xenfinity's VPS services for the following: sending unsolicited electronic mail (spam); running high-bandwidth operations that noticeably decrease the performance of other VPS, the host node, or any other Xenfinity server, including downloads, uploads, and hard disk input-output; and running intensive processes or daemons that noticeably decrease the performance or CPU (central processing unit) scheduling of other VPS instances, the host node, or any other Xenfinity server.

If the signatory's VPS does negatively impact the performance of other VPS instances or the host node, Xenfinity reserves the right to adjust CPU scheduling, set bandwidth caps, and make IOPS (input-output operations per second) limits to restore quality service for the other VPS instances.

The signatory hereby agrees to take responsibility for the reputation of the IP addresses that Xenfinity provides. If an unsolicited electronic mail incident causes an IP address under the responsibility of the signatory to be blacklisted on realtime blacklists like SpamCop.net or Spamhaus, Xenfinity shall fine the signatory the cost to remove the IP address from the blacklists and clean up the reputation of the IP address. Xenfinity reserves the right to suspend or terminate the signatory's involved service with or without notice if it causes such an incident. Xenfinity may also conduct an investigation at its discretion into any server data in order to identify and stop abuse, illegal, malicious, and/or spam activities.

Shared Hosting

The signatory shall not use Xenfinity's shared hosting services for the following: sending unsolicited electronic mail (spam); running high-bandwidth operations that noticeably decrease the performance of any Xenfinity hosting servers, including downloads, uploads, and hard disk input-output; and running intensive processes or daemons that noticeably decrease the performance or CPU (central processing unit) scheduling of any Xenfinity servers.

If the signatory's shared hosting account does negatively impact the performance of other websites or any Xenfinity servers, Xenfinity reserves the right to adjust CPU scheduling, set bandwidth caps, and make IOPS (input-output operations per second) limits to restore quality service for other hosting accounts. Xenfinity also reserves the right to impose hard limits on inodes, disk quota, number of queries, number of processes, file locks, pending signals, login sessions, email sending rate, and CPU time in cases of abuse deemed as extreme by Xenfinity.

If an unsolicited electronic mail incident caused by an account under the signatory involves an IP address being blacklisted on realtime blackhole lists like SpamCop.net or Spamhaus, Xenfinity shall fine the signatory the cost to remove the IP address from the blacklists and clean up the reputation of the IP address. Xenfinity reserves the right to suspend or terminate the signatory's involved service with or without notice if it causes such an incident. Xenfinity may also conduct an investigation at its discretion into any server data in order to identify and stop abuse, illegal, malicious, and/or spam activities.

Tolerance

The fact that Xenfinity condones or fails to invoke one of the terms of service actions outlined hereunder, shall not be construed by the signatory as a waiver to any of the stipulations in these terms of service.

Xenfinity's Guarantees

Within seven (7) days of the first billing cycle of a hosting service, the signatory may request a cancellation and receive a full refund of the contract price of the purchased hosting service. The signatory may receive only one full refund under this particular stipulation. Future cancellations of a hosting service within the first seven (7) days of beginning the first billing cycle would be refunded on the basis of the normal prorated rate as explained in the "Cancellations" section hereunder. Only hosting services may be refunded; third-party licenses, domains, IP addresses, additional disk space, and quoted services purchased through Xenfinity are non-refundable.

For VPS hosting, in one month, the host node of a signatory's Xen VPS shall be capable of starting the signatory's Xen VPS for at least 99.9% of the month. "Starting" in this case means that the VPS management tool is able to instantiate the VPS; it does not mean that the VPS will boot. If the signatory's Xen VPS is not capable of starting for 43 aggregate minutes plus 48 aggregate seconds in the month of hosting, excluding the time during which a force majeure event is preventing the signatory's hosting service from being accessible, the signatory may claim a refund for the interruption. Downtime caused by a misconfiguration not done by Xenfinity is not counted. This includes but is not limited to operating system corruption that prevents booting, network setting errors, and service/process/daemon failures inside the VPS instance. The signatory in this case is responsible for using the keyboard-video-mouse console to restore his/her/their VPS to working order.

For shared hosting, in one month, the server-wide web services Apache and BIND must be up and responding to general requests from the Internet for at least 99.9% of the month. The MySQL service must also be responding to general requests for at least 99.9% of the month, but it does not necessarily need to respond to Internet requests. If the signatory's hosting service amasses 43 minutes and 48 seconds of downtime, excluding the time during which a force majeure event is preventing the signatory's hosting service from working properly, the signatory may claim a refund for the interruption.

Downtime and site inaccessibility not caused by a problem with Xenfinity's general service is not counted. This includes but is not limited to Ruby on Rails server crashes, code errors, .htaccess syntax errors, slow load times, restrictions based on abuse, and security exploits. The signatory in this case is responsible for rectifying the signatory-caused downtime. Xenfinity can try to fix the problem in a support ticket that the signatory creates. At Xenfinity's discretion, if the problem is excessively difficult or time-consuming to fix, Xenfinity may offer a quote to fix the problem. If the signatory approves of this quote in a support ticket, Xenfinity may invoice the customer for the repair service.

After 43 total minutes and 48 total seconds of the countable downtime, Xenfinity shall offer a 5% refund of the monthly portion for the signatory's affected hosting service. For each additional hour of countable downtime, an additional 5% refund of the monthly portion shall be offered for up to a 100% refund for the entire month. This refund due to downtime must be granted in the form of credit to the signatory's billing account.

To be awarded a refund, the signatory must contact Xenfinity with an explicit request for a refund, and at least one of the aforementioned guarantees must be applicable to the request.

Additional terms for PayPal payments: If the payment of the current billing cycle was made more than sixty (60) days ago, was made through PayPal, and is eligible for a monetary refund, the refund must be processed through PayPal's "Send Money" feature, which means that PayPal may assess a payment gateway fee for the refund.

Effective November 19th, 2013
Revised January 7th, 2014 to fix conventions
Revised April 25th, 2014 to include shared hosting services
Revised September 3rd, 2014 to elaborate abuse policy
Revised April 16th, 2015 to clarify the refund policy