These Terms of Services (“Terms”) apply to your access to and use of the WebHostingNow services (collectively, the “WebHostingNow Services” or “Services”) provided by WebHostingNow („xCloudGroup Ltd.“) (“we,” “us,” or “our”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
Please take a look at our Privacy Policy. It explains how we collect, use, and share information about you when you access or use the WebHostingNow services. When you submit information to or through the Services, you consent to the collection and processing of your information as described in our Privacy Policy.
We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms, with a notification, and update the dates above. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
Children under the age of 13 are not allowed to create an account or use the WebHostingNow services. In addition, portions of our Services require you to be older than 13 years of age, so read all notices and any Additional Terms carefully when you access the Services.
Abuse of WebHostingNow („xCloudGroup Ltd.“) Staff or Support Personnel: At WebHostingNow („xCloudGroup Ltd.“) we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice. We will issue a refund only for the unused portion of pre-paid service. Abusive conduct includes, but is not limited to, the following behaviors:
Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by WebHostingNow („xCloudGroup Ltd.“)
Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
WebHostingNow („xCloudGroup Ltd.“) prohibits IRC and associated programs, including psybnc, "bots", etc., scripts commonly used for abuse, attacks, or flooding threatening, harassing, or obscene content and any proxies which do not require authentication, including open mail proxies, unprotected anonymous web surfing proxie.
Illegal Activities: WebHostingNow services may not be used for illegal purposes, or in support of illegal activities. WebHostingNow („xCloudGroup Ltd.“) reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm or Endangerment to other people: You may not use WebHostingNow service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use WebHostingNow service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous mailers or nicknames does constitute impersonation.
Unsolicited E-mail, News Bombing (SPAM) Use of the WebHostingNow („xCloudGroup Ltd.“) service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Spam complaints will be sent to the e-mail address on file. Violations of this type will result in the immediate suspension of the offending website on the WebHostingNow („xCloudGroup Ltd.“) server. Failure to respond to complaints within a 24 hour timeframe will result in the WebHostingNow („xCloudGroup Ltd.“) abuse staff suspending the offending website or shared hosting account by whatever means necessary. Should the account become re-activated without the express written consent of xCloudGroup Abuse Department, the offending website or shared hosting account will be immediately terminated, and may result in suspension / termination of the server should the site and/or client re-appear on the server. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending WebHostingNow („xCloudGroup Ltd.“) account.
Copyright or trademark infringement: Use of the WebHostingNow („xCloudGroup Ltd.“) service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the WebHostingNow („xCloudGroup Ltd.“) service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Network disruptions : Use of the WebHostingNow („xCloudGroup Ltd.“) service for any activity which affects the ability of other people or systems to use WebHostingNow („xCloudGroup Ltd.“) Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. WebHostingNow („xCloudGroup Ltd.“) will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. WebHostingNow („xCloudGroup Ltd.“) does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Servers found hosting this material will be subject to immediate cancellation without refund. Use of the WebHostingNow („xCloudGroup Ltd.“) service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of xCloudGroup or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending WebHostingNow („xCloudGroup Ltd.“) account is subject to immediate termination.
Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Security Risk: Should any box become a security risk to our network, including, but not limited to: presumed compromised servers, outbound verified attacks, inbound recipient of an attack, spamming, illegal content, etc. WebHostingNow („xCloudGroup Ltd.“) will attempt to contact the server owner, giving 24 hours notice, after which time, we will attempt to gain entry to the server with passwords on file. Should the passwords not be accessible to WebHostingNow („xCloudGroup Ltd.“) staff, WebHostingNow („xCloudGroup Ltd.“) reserves the right to attempt to gain entry to the server. In extreme circumstances involving flagrant illegal acts or activities, upon email, and phone contact if no response is given within 1 hour, WebHostingNow („xCloudGroup Ltd.“) reserves the right to attempt to gain immediate entry to the server for security purposes only. Clients refusing to provide access under such circumstances are subject to a fine of €150.00.
Network Security: WebHostingNow („xCloudGroup Ltd.“) accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by WebHostingNow („xCloudGroup Ltd.“)
User agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account.
To use certain features of the Services, you may be required to create an account (an "Account") and provide us with a username, password, and certain other information. You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and promptly notify us if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with the Services.
You may not license, sell, or transfer your Account without our prior written approval. You do not own your Account and transferring an Account or access is prohibited.
We may withdraw or amend the Services, and any related service or content, or restrict access (including by means of cancellation, termination, or modification, or suspension of your Account) without notice and without liability to you. Additionally, due to your PD.24883070.1 geographic location, the Services or some of their features, services, or content may be unavailable to you.
Directly or indirectly transmitting or supporting the transmission of unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. If you are caught in violation of spamming your services will result in immediate termination without a refund as you chose to violate this policy.
All unmetered dedicated servers and virtual private servers are installed on hundred mbps shared bandwidth ports, unless service is sold as a specified port size or specified/requested as a capped port. WebHostingNow („xCloudGroup Ltd.“) reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client's data transfer rate affects other WebHostingNow („xCloudGroup Ltd.“) clientele, WebHostingNow („xCloudGroup Ltd.“) reserves the right to throttle the service causing such a problem.
Dedicated Servers is defined as servers that are rented to Clients. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, patches, kernel upgrades, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to a €75 an hour labor fee, billed in ½ hour increments during office hours between 8:00am - 10:00pm (UTC+2) After-hours support will incur a €150.00 an hour labor fee, billed in ½ increments in effect from 10:01pm - 7:59am (UTC+2) WebHostingNow („xCloudGroup Ltd.“) will not perform maintenance, security checks, or management without client initiating such request. WebHostingNow („xCloudGroup Ltd.“) does not take responsibility for the overall security of servers.
Colocation Services is defined as servers that are property of the Clients, renting; ;rack space, bandwidth, and Ethernet ports from WebHostingNow („xCloudGroup Ltd.“). Client is responsible for supplying replacement parts, and software media. WebHostingNow („xCloudGroup Ltd.“) may provide such hardware in requested situations, but is not liable to provide such equipment in any specific timeframe, unless agreed upon by approved WebHostingNow („xCloudGroup Ltd.“) representatives. All services performed on the Clients servers are subject to and a €35.00 an hour labor fee. WebHostingNow („xCloudGroup Ltd.“) does not take responsibility for the overall security of servers.
Network Uptime is the total time in a calendar month that WebHostingNow („xCloudGroup Ltd.“) network is available through the Internet, provided that Client has established connectivity. WebHostingNow („xCloudGroup Ltd.“) takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 100% of each calendar month.
Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled "Network Uptime" above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in WebHostingNow („xCloudGroup Ltd.“)'s Network as confirmed by WebHostingNow („xCloudGroup Ltd.“). Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Scheduled Downtime is any WebHostingNow („xCloudGroup Ltd.“) scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.
Server Hardware for Dedicated, or Colocated Servers Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included for Dedicated Servers, and switches for Co-Located Servers, unless client provides their own switch.
Hardware replacement will occur within 6 hours of the reported problem, WebHostingNow („xCloudGroup Ltd.“) will refund 5% of the monthly fee per additional 6 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email sales, within 10 days of reported violation, at: [email protected] SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM UTC+2. *Hardware SLA violations do not cover network violation*.
Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:
Scheduled downtime.
Interruptions or failure of individual service caused by client, their employees, client's customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.
Replacement is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, WebHostingNow („xCloudGroup Ltd.“) will restore the system to original state.
WebHostingNow („xCloudGroup Ltd.“) is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. WebHostingNow („xCloudGroup Ltd.“) shall not be liable for loss of data under any circumstance.
If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or WebHostingNow („xCloudGroup Ltd.“) Inc may move your site to a different server, to reduce the load on the server you are currently residing. WebHostingNow („xCloudGroup Ltd.“) Inc will be the sole arbiter as to what constitutes a violation of usage limitations. At any time WebHostingNow („xCloudGroup Ltd.“) Inc may move your site to a different server, to reduce the load on the server you are currently residing.
User may not use more than 100% CPU out of 1 CPU Core and the usage is limited to 1 CPU core, 1GB memory, 2048/Kbps IO - Read & write operations, no more than 100 NPROC - Processes or no more than 20 Entry Process. Cron jobs must not execute more than once every 30 minutes unless if specified by the script provider and will be niced to 15 or greater. Each user account may not send more than 350 emails per hour.
If it is determined that a customer's account is overusing the system resources, we may temporarily suspend the account to prevent the server from experiencing any issues, resulting problems to other valued customers. If it is determined that the account is not suitable for the shared or reseller server environment, a notice will be sent to the customer providing them alternative solutions or such as a Premium Hosting Plan with high resources, VPS or a Dedicated Server. WebHostingNow („xCloudGroup Ltd.“) will be the sole arbiter as to what constitutes a violation of this provision and WebHostingNow („xCloudGroup Ltd.“) reserves the right to make adjustments to these limits at our sole discretion.
User MUST NOT use our hosting services to offer any of the following kinds of FREE services but are not limited to; Free Web hosting services, Free email services, Free blogging services, Free home pages, Free image hosting, Free trial accounts.
If you violate this prohibition on free services, we may suspend your account immediately, with or without notice, as we in our sole discretion deem necessary to address the situation.
File hosting and file storage of any type is strictly prohibited on any and all reseller, shared and hosting servers. You MAY NOT use your hosting with WebHostingNow („xCloudGroup Ltd.“) as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like Download.com or similar and you may not use your account as a storage repository for MP3, games, speedtest, streaming platform, video, photos, images, audio or music files or as a backup storage facility.
Repeatedly addressing members of our staff in a demeaning or rude manner. Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to email, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol, or in-person communication. Yelling or shouting at our staff. Deliberately using all capital (uppercase) letters in any written communication to our staff; Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
WebHostingNow („xCloudGroup Ltd.“) performs daily or daily and weekly backups on all of our servers to ensure critical files are never lost. Our daily and weekly backups are created for accounts that are under 60GB and 250,000 Inodes. These limits apply to each cPanel user individually. Furthermore, WebHostingNow („xCloudGroup Ltd.“) does not guarantee this feature to any of the clients, and therefore strongly advise the client to regularly perform a backup of their own data, hosted with us. In the unfortunate event that the client has lost their data hosted with WebHostingNow („xCloudGroup Ltd.“) will use reasonable endeavors to restore the client's data; however WebHostingNow („xCloudGroup Ltd.“) will not be responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups or any data loss due to faulty hardware. We highly encourage our customers to have their own separate backups if your website or data is critical to your business or livelihood as no backup method is failsafe therefore we make no warranties.
The use of more than 250,000 inodes on any cPanel account (single user) may result in automatic warning on cPanel > Stats > inodes. There will be no service interruption at this stage but if no action is taken to reduce the inodes, service interruption may take place once a user reach 250,000 Inodes. Accounts found to be exceeding the 300,000 inode limit will automatically show resource exceeded message and may be suspended if no action is taken to reduce the inode count. Virtual private servers have a server wide limit of 5 million and there are no per cPanel user limits. Users with reseller plans have a reseller wide limit of 300,000 inodes in addition to the per user limit, however this reseller limit is not something we actively enforce and it will only become an issue if a reseller is causing problems for other resellers on the server. If a resellers inode usage is in between 250,000 to 300,000 inodes we may request the reseller to upgrade to a dedicated server or provide adequate time to resolve the inode usage, if no action is taken by the reseller, account may be suspended. Budget resellers have a per user limit of 250,000 inodes and a 300,000 reseller wide limit of inodes. If this limit is exceeded, we may request the budget reseller to upgrade to a normal reseller plan or provide adequate time to resolve the inode usage, if no action is taken by the budget reseller, account may be suspended.
Every file (a web page, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files or resellers with 300,000 of files that cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
User agrees to pay WebHostingNow („xCloudGroup Ltd.“) all charges relating to the use of User's account(s) according to rates and prices stated on said sales order at the time of commencement.
User is responsible for charges at the time the service is used and WebHostingNow („xCloudGroup Ltd.“) may apply the amount due to User's credit card at any time. WebHostingNow („xCloudGroup Ltd.“) reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
Credit Card payment: If Customer chooses to pay for services by credit card, Customer grants WebHostingNow („xCloudGroup Ltd.“) the right to charge payments to that card on each due date. Customer further agrees not to challenge or dispute any charge representing hosting payments. Non-Payment: All web hosting payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for five (5) consecutive days, including the anniversary date, may result in suspension of customer services.
Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, may result in termination of access to the service network and all services shall be reclaimed. All customer data remaining after fourteen (14) days of non-payment will be destroyed for security and privacy reasons.
All Virtual Private Server payments are due in full on the monthly anniversary date. If full payment has not been received within three (3) consecutive days, including the anniversary date, suspension of public access to customer services may be incurred. Failure to remit payment for services within five (5) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed.
Payment Reminders: Our credit card processor will remit payment for all recurring orders, for services on the monthly anniversary date. It is clients responsibility to make sure the sufficient funds are available on their credit card payment account. It is the customer’s sole responsibility to make sure that dues are paid on time and the email address on file is working and allowed to receive reminders WebHostingNow („xCloudGroup Ltd.“) Once a payment reminder dispatched from WebHostingNow („xCloudGroup Ltd.“) it is considered as a valid payment reminder. WebHostingNow („xCloudGroup Ltd.“) does not take any responsibility for non deliverable email addresses or email sent by WebHostingNow („xCloudGroup Ltd.“) not reaching the client destinations, including but not limited to spam filters or network issues. For the first day after payment should have been made; you will receive a payment reminder notice that states you must update your credit card and pay your invoice. The third day and the fifth day, second and third payment reminders will be sent us. From the seventh day customer services may be suspended temporarily for non-payment
Without waiving any of its other rights under this Agreement, WebHostingNow („xCloudGroup Ltd.“) offers to its Customers a 7-day money-back guarantee on fees for hosting services. If for any reason you cancel your account within thirty (14) days starting from the day WebHostingNow („xCloudGroup Ltd.“) dispatch your welcome email including your account information or the day you place the order with us, whichever comes first. WebHostingNow („xCloudGroup Ltd.“) will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 7-day Guarantee. If you have ever previously obtained a refund under the 7-day Guarantee, your account will be canceled, but no money will be refunded to you.
ALL PAYMENTS MADE THROUGH CRYPTOCURRENCY ARE NOT REFUNDABLE OR DISPUTED.
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 7-day Guarantee. The 7-day Guarantee applies to your first order of Web hosting services from WebHostingNow („xCloudGroup Ltd.“) and does not apply to any changes to your service at any time.
Dedicated servers are eligible for refund within twenty-four (24) hours of the server being provisioned. As dedicated servers require explicit provisioning, we must charge a 45% restocking fee when refunding dedicated servers.
Our refund policy does not apply to any additional items or services, this includes but not limited to Domain Registration, Domain Parking services, dedicated servers, virtual private servers and overage fees.
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by requesting a cancellation from your members area at https://billing.xcloudgroup.net > Services > My Services > Product/Service > View Details > Management Actions > Request Cancellation. WebHostingNow („xCloudGroup Ltd.“) requires a five (5) day cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite five (5) days will result in a full billable monthly cycle prior to cancellation. All due amounts must be settled in full before we cancel the customer account. Customer understands and agrees that WebHostingNow („xCloudGroup Ltd.“) does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable, unless stated otherwise under our any 7 days money back guarantee.
All cancellation requests must be made directly via https://billing.xcloudgroup.net. Cancellations requests are not accepted by email, postal mail, by phone or via the help desk (xcloudgroup.net/support). If a customer canceled a recurring order by contacting any 3rd parties, we will consider it as an account cancellation request. In such cases, WebHostingNow („xCloudGroup Ltd.“) reserves the right to terminate the customer account with immediate effect without any prior notice.
WebHostingNow („xCloudGroup Ltd.“) may modify these terms and conditions upon notice published online via WebHostingNow („xCloudGroup Ltd.“). User's use of WebHostingNow („xCloudGroup Ltd.“) services after such notice shall constitute user's acceptance of the modifications to this Agreement.
This agreement, User account, contract, and billing will automatically renew unless cancelled in writing prior to the renewal date.