Terms And Conditions
Terms of Service (TOS) & Acceptable User Policies (AUP) THIS AGREEMENT BETWEEN Xzen Media[hereafter referred to as “Xzen Media”] and you where YOU is referred to as (“Account Holders “Users”, “Members”, “Customers”, or “Subscribers”) WHEREAS Xzen Media agrees to furnish IT – internet based services associated with web sites, web hosting, and domain registration to the User. UNLIMITED Web Hosting with Xzen Media:- User should understand that UNLIMITED is a freedom for hosting. Inode limitations are set for UNLIMITED Web Hosting plan. Misuse of the freedom will result in limiting of space/bandwidth, suspension or termination of the account with or without notice. We have 4 main limitations concerning with UNLIMITED Web Hosting Plan.
Any user account violating the 5 main limitations above and the TOS below will result in limiting of resources or suspension or termination without any pre-notice Use of Xzen Media Service constitutes acceptance and agreement to XzenMedia’s policies are subject to the terms above and as follows: 1.) Account Setup / Email on file SIGNUP MADE WITHING INDIA WILL BE ACCEPTED AND THE ACCOUNTS WILL BE PROCESSED. WE DO NOT ACCEPT INTERNATIONAL ORDERS. 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. If you have a domain name registered with Xzen Media, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Xzen Media is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales/support team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied. Transfers Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote. 2.) Content All services provided by Xzen Media may only be used for lawful purposes. The laws of the IPC – Indian Penal Code (IPC – भारतीयदण्डसंहिता) apply. The customer agrees to indemnify and hold harmless Xzen Media 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 anothers 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 hosting. If you believe that your copyright or trademark is being infringed upon, please email support@xzenmedia.com with the information required. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups. Examples of unacceptable material on all Shared and Reseller servers include:
if Any user account violating these main about points then that account will be suspension or termination without any pre-notice and proof. Examples of unacceptable material on all Dedicated servers include:
There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. 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, you will not be eligible for a refund or if you have opened a second account with us. Violations of the Terms of Service will waive the refund policy. 7. Resource Usage User may not: a) Excessive use or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. d) Run any software that interfaces w ith an IRC (Internet Relay Chat) network. e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. f) Participate in any file-sharing/peer-to-peer activities g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc h) Run cron entries with intervals of less than 15 minutes. i) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”) 7b.) INODES The use of more than 10,000 Inodes on UNLIMITED Plan and 50,000 inodes on UNLIMITED Plus plan or any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, 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 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. 7c.) About Backup Xzen Media will be never responsible for any kind data lose by any reason so take your backup on your computer to secure it Any file over 40MB in size will not be backed up onto our backup servers and in the event of server failure, will not be recoverable. Any shared account using more than 5 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure. 8.) Bandwidth Usage You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. 9a.) Money back Guarantee No refund will be provided for Unlimited Plan and Reseller . All the other shared Plans are eligible for 7 Days unconditional Money Back. We reserve the right to refund a prorated amount or no refund at all. If you are not completely satisfied with our services within the first 7 days of your service, you will be given a full refund of the contract amount. Remember, this is only for shared packages and does not apply to Reseller Plans,dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Xzen Media will not activate new orders or activate new packages for customers who have an outstanding balance with Xzen Media. For a new order to be setup or a new package to be activated, you must have a balance of Rs.0.00, unless otherwise stated by Xzen Media in writing. 9b.) Uptime Guarantee We will strive our best to offer 99.9% Network and server Uptime. We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. 10.) Reseller: Client Responsibility Resellers are responsible for supporting their clients. Xzen Media does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Xzen Media will hold any reseller responsible for any of their clients actions that violate the law or the terms of service. 11.) Shared (non-reseller accounts) / Semidedicated Servers Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups. 12.) Dedicated Servers Xzen Media reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Xzen Media reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@xzenmedia.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups. 13.) Price Change The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Wisesolution.in, and the right to increase the amount of resources given to plans at any time. 14.) Coupons Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. 15.) Indemnification Customer agrees that it shall defend, indemnify, save and hold Xzen Media harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Xzen Media, 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 Xzen Media against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Xzen Media; (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 Xzen Media’s server. 16.) Disclaimer Xzen Media shall not be responsible for any damages your business may suffer. Xzen Media makes no warranties of any kind, expressed or implied for services we provide. Xzen Media 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 Xzen Media and its employees. 17.) Disclosure to law enforcement Xzen Media 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. 17.) About Block Countries or Security If Xzen Media is find any kind hacking attack from specific country we will block it permanant that courntry till the hacking attack not stop..and Xzen Media can take any dicision against client for security reason 18.) Changes to the TOS Xzen Media reserves the right to revise its policies at any time without notice
