Terms of Service

XoomServer is a branded and powered by SuperbNexus Group.

XoomServer’s terms of service applies to all content, products, services, domains and clients with in the XoomServer Network. This Terms and Conditions are last updated on 07th October, 2017.


General Rules

  1. All services provided by XoomServer will be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of Government Law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.
  2. If any Government or Copyright or Trademark Organization claims and shows legal document, XoomServer holds the right to terminate any customer product/service without any notice.
  3. The term of this Agreement will continue until a notice of cancellation by XoomServer or Client is given, or until terminated under other provisions of this Agreement. XoomServer reserves the right to terminate this Agreement with cause upon notification to the Client. XoomServer may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by XoomServer to implement this Agreement is disrupted or terminated for any reason.
  4. These policies may be modified or changed by XoomServer. XoomServer will inform client of any major policy changes.

Customer Account and Identity

  1. When a customer likes and wants to purchase a product or service from XoomServer, he must receive an Online based Customer Account from XoomServer. All his products, services, invoices, tickets will be available inside his Account. One customer will not be able to see another’s profile or details.
  2. XoomServer do not allow the provision of Guest Checkout. The customer must have a Legal Customer Account on XoomServer for any kind of payment or other transaction.

Service Delivery Time

  1. A customer will be updated frequently about getting his/her service from the time of placing order online to make sure that XoomServer Team is working for them without making any delay.
  2. After getting a Query or Request from customer it must be answered within 15 minutes to maximum 24 hours depending on the complexity of the problem and the existing queue of customer issues.
  3. After getting an Order of Single Site or Multi Site Linux or Windows Hosting, the hosting orders will be processed within minimum 15 minutes to maximum 24 hours depending on the complexity of it’s setup and configuration.
  4. In case of Large Solutions like Dedicated Server, Cloud Solution etc, the servers orders will be processed within minimum 3 to maximum 7 working days depending on the complexity of it’s setup and configuration and the available queue.
  5. In any worst case if stock is not available, if system configuration takes additional time, if customer has any additional requirement the timeline of setup and deployment might be extended. The customer will be flexible about this issue.

Service Commitments

  1. Uptime: XoomServer ensures 99.99% guaranteed uptime per month. However, visitor’s internet problem, ISP block problem, regional network problem or service maintenance work etc. are not a part of Downtime. In case of Downtime, if customer claims, 50% of the price of that day will be refunded to customer back as a guarantee commitment.
  2. Data Safety: XoomServer commits that no data shall be stolen or used by the company or it’s staffs. XoomServer never allows to save any credential or file or backup of any client content by it’s staffs. However, XoomServer staffs can copy, move or access client cPanels with permission from specific client.
  3. Suspension or Termination: XoomServer will never suspend or terminate your website, hosting, domain or any service without proper notification. However unless it is a major crime or illegal act. 
  4. Domain Ownership: When you purchase a domain, you are the owner of that domain. You will get full access to your domain from XoomServer. The WhoIs record will show your information for sure. XoomServer never restricts you to transfer your domain to any other company. You are free to move your domain service anytime.

Charges and Fees

  1. XoomServer holds the right to change the pricing/fee of any product or service anytime. As the raw material prices in the market, government policies and fees, concerned organization fees, etc changes, the price of XoomServer product and services may change for this reason anytime.
  2. XoomServer doesn’t accept any kind of partial payment for it’s products and services.
  3. Against every payment XoomServer must generates a Digital Invoice (Downloadable and Printable from Customer Account). XoomServer strictly informs to it’s customers not to pay without any Invoice. At first an “Unpaid Invoice” is generated, and once the Invoice is paid the customer receives a “Paid Invoice”.
  4. If the price of any product or service changes suddenly, the existing customers does not need to pay extra for the changes until his next billing cycle comes.
  5. In case of Hosting if the customer exceeds his Resource Usage Quota, he must has to Upgrade to an advanced Package. The customer has to pay for his Extra Usage (by Month). And then, he will be Upgraded to the new Package. Customer’s Billing Cycle will not be changed.

Return and Refund

  1. Refund policy is applicable for Single Site cPanel Hosting, Multi Site cPanel Hosting and Plesk Hosting only. Refund policy is not applicable at all for any other kind of product/service. We force user to “Read the Terms and Conditions” while ordering. Our “Terms and Conditions” Link is also available on the website. If customer claims Refund later on, we will not be responsible for it anyway.
  2. If the quality of XoomServer products and services (Single Site cPanel Hosting, Multi Site cPanel Hosting, Plesk Hosting) are not satisfactory as per written on the website or brochure, and if the customer claims within 7 days of his purchase, then XoomServer will refund 100% of his money (except the Gateway Charge/Transaction Fee) within next 15 days of customer complain.
  3. If a customer purchases a domain, and wants to change the domain name, it will not be possible because once a name is registered it is registered for the registration time period. Domain names are not changeable.
  4. If a customer purchases a product from one Platform (like Linux) and wants to move to another Platform (like Windows), such migration will not be technically feasible and possible.

Payment Safety

  1. XoomServer receives all it’s online payments from it’s SSL Certificate (https://) Enabled and Encrypted Website.
  2. The Billing System of XoomServer is powered by WHMCS, the most secure Billing System.
  3. XoomServer does not keep any customer’s Credit Card Number, PayPal Credential, Mail Credential, PIN Code or anything else.
  4. For receiving payment XoomServer uses the most strong and powerful gateways like PayPal, Payza, Skrill, SSLCommerz etc.
  5. XoomServer also uses bKash Payment and Payment through different Corporate Banks like CitiBank UK, ICICI Bank India, BRAC Bank Bangladesh etc.
  6. All the Transactions are made in the name of XoomServer (as a Brand) or SuperbNexus (as the Brand Owner). .

Hosting Usage Terms

  1. All the hosting packages are applicable for making website EXCEPT:
    • Gambling Site, False Money Earning Site
    • Anti-Religious, Anti-Government Site, Terrorism or Violence Related Site
    • Pornography/Adult Website
    • Public File Sharing Application, Storage Engine Application
    • Mail Marketing Application
    • Pirated Software, Cracks, Hacking Tools
    • IRC or Chat Platform, Streaming Solution, Video Tube Platform
    • Mirror Website
  2. XoomServer does not allow if you run BotNet or Fake User Booster to promote your website illegally.
  3. Any cPanel of the Shared/Managed/Reseller Web Hosting is eligible to use only:
    • 400,000 Inodes at Max
    • 300 Mails per Mail Account per Hour

    • Below 15% of the server resources at a time.
  4. The following Web Hosting products are usable for selling cPanel Accounts to 3rd Parties:
    • Reseller Hosting
    • Virtual Private Server
    • Dedicated Server

 


Spam Policy

  1. XoomServer servers may not be the source or intermediary involved in the transmission of Spam, Spamware and other Spam Software or misuse of SMTP. Client’s domain or IP may not be referenced as originator or intermediary in any of the above.
  2. XoomServer considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.
  3. The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one-hundred (100) US dollars will be imposed for each spam policy violation. XoomServer is the sole arbiter as to what constitutes a violation of the above provisions.
  4. XoomServer IP blocks may not be used for the purposes of IP rotation while sending email. XoomServer may, through feedback loop monitoring, block SMTP traffic on a server found to be sending email through multiple IP addresses. Failure to respond to SPAM complaints will result in a block against SMTP traffic and may result in account termination.

Server Abuse

  1. Any attempt to undermine or cause harm to a XoomServer server or another XoomServer Client is strictly prohibited.
  2. Any attempt to undermine any XoomServer web site or a web site of another XoomServer Client is strictly prohibited and may result in immediate termination of services rendered by XoomServer without refund. XoomServer is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two-hundred (200) USD may be XoomServer for intentional server abuse.

Disclaimer

  1. XoomServer will not be held responsible for any damages you or your business may suffer. XoomServer makes no warranties of any kind, expressed or implied, for services rendered. XoomServer disclaims any warranty or merchantability or fitness for a particular purpose. XoomServer assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of “Acts of God” or force majeure. XoomServer will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from XoomServer.

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