Xcludom Services

Flexible, Reliable And Affordable Web Services

  Xcludom Services Terms:

Agreement

All clients' agreement to Xcludom Services' Acceptable Use Policy and Terms of Service is mandatory for using our services. Please make sure you read everything carefully. If any of these is violated, we reserve the right to suspend our services to such violating websites/clients.

Privacy Policy

This policy covers how we use your personal information. We take your privacy seriously and will take all measures to protect your personal information. Any personal information received will only be used to fill your order. We will not sell or redistribute your information to anyone.

Responsibility

You are responsible for your online property (sites or domains) and all need to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the service with/without a notice and/or a refund.
Customer is responsible for protecting passwords and for any authorized or unauthorized use.
Customer agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that Customer publishes via any Service.
Customer is responsible for all content or information residing on, or obtained, or transmitted via, the Service, regardless of whether such use is by Customer.

Order Systems And Invoices

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. It is your responsibility to ensure that your contact information for your account is correct and up-to-date. If you need to contact us urgently, please do via email or call. Providing false contact information of any kind may result in the termination of your account.

Content Policy

All services provided by Xcludom Services may only be used for lawful purposes. Do not use your online property (domain or website or hosting) for purposes that may violate any laws be it of your country, the country where Xcludom Services is operated or International Law. Doing so may lead to suspension or loss of your account. The customer agrees to indemnify and hold harmless Xcludom Services from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our services. If you believe that your copyright or trademark is being infringed upon, please email abuse@xcludom.com with the information required.
Using a shared account as a backup/storage device is not permitted. Please do not take backups of your backups.

Examples of UNNACCEPTABLE contents on all account property include:

Topsites IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Tell A Friend Scripts
Examples of unacceptable material on all Dedicated servers include:
IRCD (irc servers)
Pirated Software/Warez
Escrow
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Xcludom Services, including all related equipment, networks and network devices are provided only for authorized customer use. Xcludom Services systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Xcludom Services system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Xcludom Services may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Payments
You agree to supply appropriate payment for the services received from Xcludom Services in advance of the time period during which such services are provided. You agree that until and unless you notify Xcludom Services of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of Xcludom Services, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Xcludom Services of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Xcludom Services.

It is the customer's responsibility to notify our sales team via email at sales@xcludom.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Xcludom Services cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final. Xcludom Services reserves the right to change the annual payment amount and any other charges at anytime.

Backups and Data Loss
Xcludom Services takes periodic backup of the entire servers. However, Xcludom Services is not responsible for files and/or data residing on your account. You agree to take full responsibility for completeness of your account files and data transferred and to maintain all appropriate backup of files and data stored on Xcludom Services servers for your account.

Account Resource Usage Limits
All clients agree not to exceed apportioned resources to their accounts. All such usage may result in account temporarily disabled. Xcludom Services reserves the right to auto-restrict all accounts within the agreed limits of space, bandwidth, CPU et al.

Service Price Changes
Xcludom Services reserves the right to change prices listed on Xcludom.com, and the right to change the amount of resources given to each service at any time.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Xcludom Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Xcludom Services, 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 customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Xcludom Services against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Xcludom Services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Xcludom Services servers.

Disclaimer
Xcludom Services shall not be responsible for any damages your business may suffer. Xcludom Services makes no warranties of any kind, expressed or implied for services we provide. Xcludom Services disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Xcludom Services and its employees.

Disclosure to law enforcement
Xcludom Services may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Refund Policy
No refunds whatsoever exist for domain name registration/transfers. However, for other services, if you are not 100% satisfied with your purchase, within 120 days from the purchase date or complaint date (whichever is later), we will fully refund the principal cost of your order.

Changes to the TOS
Xcludom Services reserves the right to revise its policies and terms at any time without notice. So it is your responsibility to review same regularly.

Violations
Breaking any of these aforementioned terms may result in immediate account suspension and/or irreversible loss with or without notice and also without refund, as well as criminal prosecution where deemed necessary.