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.
