Policy

Terms, Conditions and Acceptable Use Policy

Please Read This Before Signing Any Account Xposure Infotech Pvt. Ltd. (XIPL) provides Internet World Wide Web page hosting, Marketing, and Development. XIPL has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services. XIPL general policy is to act as a provider of internet presence. XIPL has specific ethical concerns regarding the use of its computers detailed below. XIPL reserves the right to suspend or capncel a customer's access to any or all services provided XIPL when we decide that the account has been inappropriately used. Specific Acceptable and Prohibited Use Policies Server abuse Any attempt to undermine or cause harm to a server, or customer, of XIPL is strictly prohibited. Unauthorized use of other people's accounts or computers XIPL will strongly react to any use or attempted use of an Internet account or computer with- out the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a XIPL customer, whether or not the attacked account or computer belongs to XIPL, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Adult Sites, That Place Adult Materials On Their Sites Any type of pornographic materials, hate materials, adult materials (that does not necessarily mean pornography only), racial materials, or unlawful practices are strictly banned on this server. Abuse of Unlimited Traffic and/or Unlimited Storage XIPL's customers are privileged to be offered unlimited traffic (with all accounts) and/or unlimited storage (with Certain Packages) for their web sites. The intention of XIPL is to provide a large space to serve web documents, not an offsite storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on XIPL's server. This policy does ONLY apply to websites who are considered to be abusing services - bandwidth in particular. It is NOT applicable to photo galleries, even if several hundred megabytes of web space are in use. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of XIPL's management. Any customer who violates XIPL's policies in abusing either space/site transfer will be notified and given 5 days to remedy the problem. If the problem is not resolved within the allotted 5 day period, the client will be billed for the overages. To maintain the integrity of our service the following limitations apply: Sites with Banners, graphics or cgi scripts running from their domain used on other domains. Sites offering download files or archives (this is any site where 50% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources. For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 10 GB (10,737,418,240 bytes) per month. Thereafter, normal data transfer cost of $10.00/1GB will apply. Unless special agreement has been met, traffic overages will be billed in blocks of 10GB and cannot be prorated. XIPL will be the sole arbiter as to what constitutes a violation of this provision. Commercial advertisements with e-mail unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are un-welcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Spamming, or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Chat Rooms We do not allow clients to install their own chat rooms, without approving it with the XIPL support team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Para chat chat rooms do not apply to this rule. They are perfectly fine to install. Background Running Programs We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. IRC We currently do not allow IRC or IRC bots to be operated on our servers.

Payment Policies

All accounts are set up on a pre-pay basis. . All pricing is guaranteed for the term of pre-payment. XIPL reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies XIPL in writing for a request for termination of services. Cancellation XIPL reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by XIPL if XIPL institutes it's right of cancellation. Any violation of policies, which results in extra costs, will be billed to the customer (i.e.transfer, space etc.). Customers can cancel service any time by sending email to support@ax100.net. XIPL would welcome a reason for cancellation, however this is not necessarily required. Refunds will be honored within three weeks and be credit back to client credit card. Please note that refunds for money wires and / or check orders cannot be honored as they are not applicable.

Lawful Purpose

XIPL reserves the right to refuse service to anyone. Customers may only use XIPL Host server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. XIPL expressly forbids anyone from using XIPL servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, adult materials, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of XIPL management.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold XIPL harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against XIPL, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless XIPL against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with XIPL 's servers; 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 customer from XIPL's server.

Service Contract

Please Read This Before Signing Any Account User accounts on our servers are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not any hosting contract with us. User Conduct: Our services may only be used for lawful purposes. Any use of these services, which violates any local, state, federal, or international laws, which may apply to XIPL, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. While using the service, you may not: Restrict or inhibit any other user from using and enjoying the Internet; Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws; Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component; Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material); Users must not attempt to access illegally or without authorization, computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (hacking)..

Users must not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Clients must safeguard their account passwords to prevent unauthorized access to their account. If any information is lost due to a client not protecting their passwords XIPL will not be held responsible. Users must not engage in any activities that are determined to be illegal, including advertising, transmitting, or otherwise making available pyramid schemes, fraudulently charging credit cards, and pirating software. Indemnification : You agree to indemnify, defend, and hold harmless XIPL from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, XIPL or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content..

Refusal Or Discontinuance Of Service : XIPL reserves the right to refuse or discontinue service to anyone at our server at sole discretion. XIPL may deny you access to all or part of the service without notice if you engage in any conduct or activities that XIPL in its sole discretion believes violates any of the terms and conditions in this agreement. XIPL shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that XIPL has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. XIPL reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. No Warranties XIPL makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, no infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by XIPL or its agents or employees shall create a warranty. XIPL provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall XIPL be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with XIPL service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service..

You understand that by placing information on XIPL servers that such information becomes available to all Internet users and that XIPL has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of XIPL servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through or on the Internet generally. Right To Monitor Services: XIPL reserves the right to monitor any and all communications through or with our facilities. You agree that XIPL is not considered a "secure communications medium" and that no expectation of privacy is afforded. Identification Information You agree that you as the person legally responsible for use of this account are at least 18 years of age. You agree to supply XIPL with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use..

No Interference With Operation Of System You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to. You agree to adhere to system policies as published online by XIPL, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at XIPL. You agree to abide by any and all future XIPL policy decisions. Security You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify XIPL immediately in writing by registered mail, return receipted, to XIPL, P.O. Box : 106, GPO, Civil Lines, Nagpur 440001 (India). You shall be held fully responsible for any misuse or compromise to your account for which XIPL is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, XIPL has the right to suspend access to the account pending an investigation and resolution. You also agree that XIPL has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities. Backup Of Data Your use of the service is at your sole risk. XIPL is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on XIPL servers. Transmittal Of Materials You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of XIPL or any other service with reference to services obtained through XIPL, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, XIPL, or any other party or parties resulting from any such conduct. Payment You agree to supply appropriate payment for the services received from XIPL, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify XIPL of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that XIPL may apply the amount due to the provided card at any time. XIPL agrees that pro-rated refunds for unused time periods will be provided upon request, in the event of account termination. Prior Agreements This agreement supersedes any written, electronic, or oral communication you may have had with XIPL or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Severability If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable. Applicable Law, Jurisdiction, And Service This agreement shall be governed by the applicable laws in India. Customer agrees that all services provided by XIPL shall be deemed to have been requested and provided. Customer and exclusive subject matter jurisdiction over any and all controversies or claims arising from or relating to this agreement or the services provided by XIPL. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer. Acknowledgement By placing and continuing to maintain or place information on XIPL's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.