About XSServer!

We do not allow any illegal activity including, but not limited to child pornography web sites, links to child pornography web sites, animal abuse web sites, spamming, slanderous, abusive, racist or terrorist content, illegal software / warez download sites (linking is allowed, hosting the files is strictly prohibited.), illegal game servers, and illegal bulk email services.

We do not allow any conduct that violates regulations, or normally accepted practices within the Internet community, whether or not expressly mentioned in this policy. We reserve the right at any time to refuse or cancel service without warning or refund should any of these terms be violated. Use of our services is at the customer's sole risk, we make no warranties. We reserve the right at any time to disallow activities that might in any way damage XSserver.Eu's reputation, network and or servers weather caused intentionally or unintentionally.

1. The Service

XSserver.Eu's services include but are not limited to the following: Domain hosting, POP and web-based e-mail, and file upload (FTP). XSserver.Eu does not place banners on customer's web sites although customers may choose to do so in accordance with all regulations set out by XSserver.Eu, the province, and the country. XSserver.Eu will not charge additional fees for the aforementioned services unless customer chooses to use optional services that are subject to a fee. Customer is, however, entirely responsible for:

 
  Presenting available payment upon due date for any of XSserver.Eu's paid services; if account(s) has outstanding balance, XSserver.Eu reserves the right to suspend all services associated to member and/or member credit card number until amount is paid in full*

  Providing all necessary equipment and software to establish a connection to the World Wide Web and use the services offered by XSserver.Eu, including but not limited to a computer and modem;

  Providing own access to the World Wide Web and pay for all fees associated with such access.

2. Customer Information

To be able to use the Service, customer must complete a proper registration process. Customer agrees to:

  Provide current, complete and accurate personal information (referred to as the Registration Data) as requested by the Service;

  Maintain and update this information to keep it current, complete, and accurate.

XSserver.Eu does not sell or disclose any Registration Data to a third-party unless:

  Customer voluntarily discloses such information to another party;

  Customer expressly directs XSserver.Eu to release such information;

  XSserver.Eu is required to disclose such information by any applicable law or legal process served on XSserver.Eu.

  Information is publically available (Such as WHOIS DATA)

3. Advertisements

Customer may choose to display advertising banners on own web site, provided that the advertisements are not of illegal, or discriminatory nature. Customer may also enter into correspondence with or participate in promotions of the advertisers whose banners are displayed on own or other customer's web sites.

Any such correspondence or participation, including the payment and delivery of products and services and any other terms, conditions, warranties or representations associated with such correspondence or participation, are solely between the corresponding customer and the advertiser.

XSserver.Eu assumes no liability, obligation or responsibility for any part of any such correspondence or participation.

4. Limitations

The Service is subject to the following limitations:

  Customer agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate or unreasonable amount of the resources of the XSserver.Eu servers;

  Customer shall not include content or Internet links to content on the site that may contain, promote, or involve the following:

The Customer agrees not initiate or be involved with any of the following on any of XSserver.Eus Shared, Reseller, VPS or Dedicated Servers:

  Any infringement of copyright, trademark, patent, trade secret or other intellectual property right;

  Illegal software / Warez file hosting;

  Content that exploits children less than 18 years of age;

  Hate and/or terrorist propaganda;

  Racist, threatening, or otherwise abusive content;

  Content promoted through the sending of unsolicited e-mail (also known as spamming);

  Sending of unsolicited e-mail (SPAM) from XSserver.Eus servers, or any other server that refers to content on the XSserver.Eu server, or sending such e-mail with a XSserver.Eu hosted web site listed as the contact address;

  Mail fraud, multilevel marketing (pyramid) schemes or other fraudulent activities;

  The promotion or incitement of, or instruction for, the commission of illegal activities;

  Information or other material that contains a virus, corrupted data or other harmful or damaging component.

  Illegal Internet gaming sites / file sharing servers;

  Illegal bulk email services;

  IRC Bots

Customers will be aware that the following is prohibited for dedicated servers.

Examples of unacceptable content include, but are not limited to:

Additionally, XSserver.Eu prohibits:

Legal adult content is permitted on all XSserver.Eu product lines. The viewing/downloading or possession of such information/data by XSserver.Eu clientele is not governed by XSserver.Eu policy, and is at your own discretion/free-will, and may be governed by your state/federal government.

Links to unacceptable content, as defined above, are also prohibited.

Online Activity: 
Any attempts to undermine or cause harm to the XSserver.Eu equipment, network, operations, or clientele is STRICTLY prohibited. XSserver.Eu will pursue legal action to the fullest extent for all abuse/violation of such.

Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of XSserver.Eu, is prohibited. 

This includes, but is not limited to:

Bulk Email: We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the XSserver.Eu network, or spamvertising (unsolicited advertising of) sites hosted on the XSserver.Eu network is STRICTLY prohibited.

Legitimate bulk email meets the following criteria:

1) The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)

2) Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.

All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

If XSserver.Eu approaches a client for evidence of confirmation, this request must be honored within 48 hours. Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.

Additionally, if such actions have caused mail servers or IP address ranges on the XSserver.Eu network to be blacklisted, XSserver.Eu reserves the right to assess a €100 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists.

Please make an effort to limit outgoing mail on your account to no more than 2000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST.


Policy Violations: 

XSserver.Eu may, at any time, audit systems for any data/activity showing potential policy violations.

Warnings: The XSserver.Eu Abuse makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any XSserver.Eu staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination, or suspension.

If a service is suspended due to outstanding abuse issues, the client will be required to pay a reactivation fee of €50.00 when applicable, to cover any administrative costs associated with the offense/violation, as determined by XSserver.Eu as well as remedy the violation.

Note: It is extremely important to ensure that the email address on record with the XSserver.Eu Customer Service Dept is valid. This is the address used for abuse notifications and warnings.

Suspension/Deactivation: 
If any terms or conditions are failed to be followed, the client risks service suspension or termination. XSserver.Eu reserves the right to remove any account, without prior notice. If XSserver.Eu deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.

Reactivation: 
If a service is suspended, the client will be required to pay a reactivation fee of €50.00, and when applicable, to cover any administrative costs associated with the offense/violation, as determined by XSserver.Eu as well as remedy the violation.

5. Customer Account Security

A password and an account are provided to Member upon completion of registration. Customer is entirely responsible for

  maintaining confidentiality of the password and account;

  All consequences of voluntary disclosure of password and account information;

  Any and all activities that occur under customer's account.

Customer agrees to notify XSserver.Eu immediately of any unauthorized use of customer's account or any other breach of security known to customer and XSserver.Eu will take action accordingly.


6. Billing & Cancellation

To cancel your service you must login to your client area, and cancel your hosting under Products and services or Hosting Accounts where applicable. That request is considered final however reversal can be requested by emailing XSserver.Eu. Reversal is not guaranteed.

We reserve the right to cancel any account at any time. Upon cancellation the account data is kept for 10 days. Accounts in violation of the TOS will be suspended and all data removed without warning. We take the security of our customers very seriously. Customers may cancel at any time. We give you an unconditional 7 day money back guarantee on managed shared, reseller and LINUX unmanaged vps hosting from the time of purchase. We will not refund past the 7 day period however, you can cancel at any time

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

All refunds will be processed within 5 days of the request. Once it is refunded, the account will be terminated. Dedicated and windows vps servers are not eligible for a refund. Cancellation must be submitted VIA the secure client area.

There is a 72 hour grace period for payments. If we do not receive payment or any notice excusing you of payment within 72 hours of the invoice being due, we will suspend the account. There is a $15 reactivation fee for shared and reseller accounts overdue. For VPS and Dedicated Servers, there is a $30 reactivation fee. After 7 days overdue, the account will be terminated

7. a)  Shared/Reseller Resource Policy


XSserver.Eu maintains strict account/server ratios in order to maintain a high level of service for everyone. You may at anytime use all of the allocated space/bandwidth for your account as long as it does not contain any of the content drafted in section 4 of the TOS.  Should you exceed this, your account will be suspended and you can either choose to remove excess files, upgrade your account, pay for bandwidth overages, or wait until your next month for your bandwidth to be reset. .

In rare cases, XSserver.Eu may find a customer to be using server / network resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, XSserver.Eu reserves the right to impose the High Resource User Policy for the consideration of all customers.

XSserver.Eu reserves the right to discontinue / suspend services without notice should any hosting account exceeds CPU, database, and network thresholds on our servers which may cause service interruption to other customers.
Users may not initiate the following:

  Use 10% or more of any system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

  Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

  Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

  Run any software that interfaces with an IRC (Internet Relay Chat) network.

  Run any gaming servers such as counter-strike, half-life, battlefield1492, etc (should you want to do that you may purchase a dedicated server, contact sales@XSserver.Eu for more info)

If you initiate any of the above, your account will be suspended.

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.

7. b) Dedicated/VPS Resource Policy

Bandwidth:

Overage fees will apply to any service utilizing more than it's assigned bandwidth allocation, except for those services advertised/sold as "UNMETERED". Overages will be calculated based on overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless specified in contract otherwise. MRTG or other bandwidth reporting is available upon request for all services. Client is responsible for all usage, and any corresponding overages fees, that result from a service that may be hacked and/or flooding. XSserver.Eu may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.

Port Usage:

Basic Dedicated & Co-Located servers are installed on 100MBPS unthrottled ports, unless service is sold as a specified port size (ie...100MBPS UNMETERED) or specified/requested as a capped port. XSserver.Eu reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources and to prevent any large billing anomalies. 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 XSserver.Eu clientele, XSserver.Eu reserves the right to throttle and/or disconnect the service causing such a problem.

Filtering:

XSserver.Eu reserves the right to block/filter or throttle ports and/or ip address ranges, at its discretion. This may include, for example, blocking Port 6667 (IRC), denying access from a known-spamming IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, Donkey, etc...). This may also include giving priority to certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.

Unmetered:

Services advertised/sold as "UNMETERED" will not be subject to bandwidth overage fees. Bandwidth is supplied from a shared pool, and is not supplied as guaranteed/dedicated bandwidth. Burstable usage of the UNMETERED service/port is permitted, however, a service that has heavy sustained usage may have their port capped or be asked to upgrade to a dedicated service plan. UNMETERED service is supplied on a "best-effort" basis---which may result in some slowdowns during peak traffic times.


8. Amendments

Customer agrees to be bound by any amendments or modifications to this agreement that are set out, from time to time, by XSserver.Eu anywhere on this site.

9. Modifications

XSserver.Eu reserves all rights to modify or discontinue the service with or without notice to customer. XSserver.Eu shall not be liable to customer or any third party should XSserver.Eu exercise its right to modify or discontinue the service.

10. No Representations or Warranties

The service offered by XSserver.Eu is on an "as is" basis, with no representations or warranties of any kind, expressed or implied. For greater certainty and without limitation to the generality of the following:

  XSserver.Eu makes no representations, warranties or guarantees of any kind, whether written or verbal, regarding the reliability of the site provided or any other services offered;

  XSserver.Eu is not responsible for deleted, altered, or lost data due to network or system outages, file corruption, accidental deletion, or any other reasons;

  XSserver.Eu makes no representations, warranties, or guarantees with regards to server reliability, speed or consistency;

  XSserver.Eu makes no representations, warranties or guarantees as to the accuracy or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information;

  XSserver.Eu may also include, on its web resources or in newsletters, information provided by 3rd party partners and providers. XSserver.Eu does not guarantee or warrant the reliability of this information nor does XSserver.Eu recommend any of these services.

11. Limitations of Liability

YOU AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE SERVICES, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (B) INTERRUPTION OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE(S) PROVIDED THROUGH OR BY THE SERVICES; (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE CONTROL OF THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER; (G) THE PROCESSING OF YOUR APPLICATION FOR THE SERVICES; OR (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU FURTHER AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER OR NOT EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EITHER THE PRIMARY SERVICE PROVIDER OR THE BACKEND SERVICE PROVIDER EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR A ONE-MONTH PERIOD, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS (€100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE LIABILITY OF THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnity

YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD THE PRIMARY SERVICE PROVIDER AND BACKEND SERVICE PROVIDER, THEIR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES AND COURT COSTS, FOR THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT BY YOU OR SOMEONE ELSE USING YOUR COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. WHEN EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY BE INVOLVED IN A SUIT INVOLVING A THIRD PARTY AND WHICH IS RELATED TO THE SERVICES UNDER THIS AGREEMENT, EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD SUCH PARTIES HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.  

13. Termination

Customer agrees that XSserver.Eu may terminate this agreement, discontinue the service and delete the site at any time with or without notice to customer in any of the following circumstances:

  Customer violates any term of this agreement, any municipal, provincial or federal laws, or any policy set out, from time to time, by XSserver.Eu anywhere on this site http://xsserver.eu

  Customer engages in conduct or posts material on the site that XSserver.Eu believes is harmful to other customers, the business of XSserver.Eu or any third-party;

  Customer engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the XSserver.Eu servers;

  Customer disputes the terms of this agreement or any amendment set out by XSserver.Eu;

  XSserver.Eu receives complaints regarding customer or the site, from other customers or third-parties.

  Customer provides personal information that is not current, accurate, and complete.

Should we cancel your account for a reason not stated above; a refund will be issued at our discretion.

Abusive Clientele:

XSserver.Eu may at it's discretion suspend or terminate service of any client that is abusive/harassing to XSserver.Eu and/or XSserver.Eu employees. Examples of such activity include, but are not limited to;

  Verbal abuse - cursing, yelling, threatening, etc...

  Ongoing disregard for warnings or notices

  Consistent mistakes/errors/changes causing unnecessary workload

  Spamming XSserver.Eu email addresses, ticket systems, or servers

  Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage

  Consistent late payments or responses

  Issuing a chargeback/Dispute or bouncing a payment

  Continuous activation of problematic end-users

  Activity which affects the service(s) of other XSserver.Eu clientele

14. Governing Law


  This agreement is governed by and construed in accordance with the applicable laws of the state of Washington and the federal laws of Germany;

  Customer and XSserver.Eu agree to submit to the exclusive jurisdiction of the courts of Germany.

  If any provision of this agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect;

  XSserver.Eu's failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by XSserver.Eu by writing;

  Customer and XSserver.Eu agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.


15. Price Changes


XSserver.Eu reserves the right to change/modify the recurring price for services at anytime under circumstances such as making improvements to XSserver.Eu that will benefit XSserver.Eu, and Clientele.


16. Script installation services


Payment must be made within 10 days of the service completion, if you have not made the payment by this time, you account will be suspended until we either receive the payment, or after two weeks of inactivity, the account will be terminated without notice.
Script installations are final, once you decide that everything is running fine, you are fully responsible for any possible errors that may occur in the future, we do not guarantee that we can install every script out there, but we will make our best efforts.


17.) Website transfer


We reserve the right to decline a web transfer at our discretion. We make no guarantee that we can transfer your site, we cannot be held responsible for data loss in the transfer. It is up to the client to make the necessary backups and preparations for the transfer.
At this time we only transfer cPanel accounts.


18.) Changes to the TOS


We reserve the right to revise its policies at any time without notice although we will attempt to inform our customers should changes occur.


By agreeing with the TOS, you agree to have read, understood, and agreed with the other legal documents listed on our website.