Terms of Service
This agreement (hereinafter will be referred as “Agreement” or “Terms of Service”, “TOS” or “Terms”) is an agreement executed between you and ExzaCloud Digital Services, (“We”, “Us” or “ExzaCloud”) which is catering web hosting, eCommerce and domain name registration services.
Terms of Service:
ExzaCloud, engaged in catering web hosting services will offer customers with shared web hosting solutions as per their business or personal requirements and as per the selected plan along with the other services that are availed by the customers to maintain the website (hereinafter referred to as “Services”).
You need to assure that the contact and billing details provided to us on the signup form is accurate, complete and correct. You also need to assure that you are the reliable representative of the entity or an organization that is listed on the signup form. In addition, your age group should be above 18 years.
This is an agreement that is executed between you and ExzaCloud. It replaces all the communication, performance course and dealings except the agreement that is modified by the ExzaCloud or any written agreement executed by an authorized signatory of ExzaCloud. (However, it is to be noted by the users that any revisions done in the agreement will be effective from the date of posting).
At any point of time, the terms and conditions, pricing and services offered by the company can be changed, updated or modified by ExzaCloud.
Customer is accountable to upload website files or to provide website content. ExzaCloud is not responsible to modify, correct or update content on their websites. Customer is responsible for posting any piece of content on their website, data posted on the site and information used for transmissions. This is the responsibility of every individual to whom the entity or organization has given privileges to edit, modify or update content on the site.
Customer is responsible to maintain confidentiality of billing information and login details. ExzaCloud is not responsible for any conflicts that may arise between parties holding the login information of other party. ExzaCloud is not responsible for the changes made to the account details of customers, be it the modifications made by the authorized customer or other parties who have privileges to change the customer details or have access to the Control Panel.
Customer is liable to maintain and update both contact and billing information with ExzaCloud. Changes to the contact information of a customer have to be done through the Control panel or by getting in touch with the Support team of ExzaCloud. Customer should assure that ExzaCloud is able to notify them regarding technical, billing or other issues or other things that are critical to maintain the account.
Customer is liable for utilization of bandwidth and monitoring of the bandwidth usage (if hosting plan have limited bandwidth) to make sure that their account does not exceed the bandwidth beyond the allocated bandwidth. ExzaCloud would make a point to notify the customers through email who are closer to their bandwidth utilization limits, but ExzaCloud will not take any responsibility, if the email is not well received by the customer. ExzaCloud possess all rights to revoke the services from the start of next month of your allocation in case if the bandwidth of the account goes beyond the allocated limit.
Server resources are only a few in our shared hosting environment. Customer is responsible for not consuming more than 25% of server resource for over a period of 90 seconds or beyond this time and should ensure that server resources are not abused at the sole discretion of ExzaCloud. Failure to breach the server resource usage would result in revoke of your account or discontinuation of the services or account, the actions would be based on the sole discretion of ExaCloud.
Email accounts are to be used only for normal use. No email should be larger than 20 MB inclusive of all attachments in a particular email (be it an incoming or outgoing email). Emails that exceed these specifications would be removed from servers without prior notification. Our email system does not support media or other data. You should not send or attach the files that do not meet these requirements and strictly adhere to email account limits allocation to your account or accounts as per the plan. Failure to follow the rules would result in deletion of materials or discontinuation of services to the account. However, actions would be taken based on the sole discretion of ExzaCloud.
ExzaCloud hold all rights to revoke the services of an account breaching our Terms of Service or Acceptable Use Policy (AUP) and take actions on anyone who is using our servers or network to carry out illegitimate actions.
Customer should agree to all terms and conditions furnished in our Acceptable Use Policy (AUP). Failure to abide to the terms mentioned in the AUP policy would be taken strict action based on the actions in our AUP.
Customer is legally responsible for any breach of our AUP.
Customer is liable to make its end-user understand about the ExzaCloud policies and is solely responsible for any violation of the policies by the end users as mentioned in our AUP.
Complaints against Customer:
(Excluding Trademarks and Copyright complaints)
ExzaCloud will not keep on monitoring or reviewing the content of our customer websites or emails of our customers. In certain events as outlined in AUP, we will thoroughly review the site content and emails and remove files, website content or emails that do not meet the requirements set in our AUP. We will keep the files that are in compliant with our AUP.
We are not responsible for the content posted on our customer websites or furnished in their emails. The opinions, ideologies or views expressed on the website hosted by ExzaCloud would not reflect our views. The content posted on the WebPages of our customers would not be reviewed by ExzaCloud before the content goes live on the Internet.
Payment Policies – General
All accounts are activated or reactivated only after making the payment for the selected service.
Incorrect, incomplete and suspicious information provided on the signup page would not result in account activation. Few accounts would be kept on hold for up to 72 hours, i.e. until the clarity on the written information on the signup form is received from the respective customer.
Any losses incurred to the clients due to the actions taken by EzaCloud on the customer account due to non-payment, EzaCloud takes no responsible for it.
Payment Policies – Payment Processing
ExzaCloud accepts payment through Credit / Debit Card (via PayPal Express Checkout) or PayPal.
When the account is revoked, all the data related to website or emails would be removed permanently from the servers and those cannot be retrieved again.
If you have any disputes with your credit card company, as a result we have refunded the amount; it results in cancellation of your account. The cancelled account will be reactivated once all the disputes/refunded fees are resolved. We collect payment for all administrative fees that is due to dispute or charge back request placed by the customers with ExzaCloud. We cannot assure that all your files or email will be available upon reactivation of the account.
It is a breach of agreement when a customer would fraudulently misuse credit / debit cards, charge cards, electronic fund transfers or electronic checks. An action on such misuse or fraudulent done by the customer would be taken by ExzaCloud. We would report the fraudulent activities carried out or misuses done by the customer to the Government authorities and credit reporting services, financial institutions and credit card companies. In this case, you may need to surrender all your rights to privacy.
You reserve the right to cancel the account at any point of time. At the same time, we are also posses the right to cancel the account at any time for the reasons, but not limited to violation of points outlined in the agreement or AUP.
Fee paid for any services to ExzaCloud is non-refundable unless there is something posted related to money-back guarantee for the selected plan.
Switching a domain to a new hosting company would not result in cancellation of your account with ExzaCloud.
If the account that is purchased with a 30 day money back guarantee and is cancelled within 30 days of its sign up, then customer is entitled to receive the full and complete refund that he/she has paid to setup the account. Request for refund or cancellation of service has to be placed through Customer support team.
If the account is cancelled for whatsoever reason, then the 30 day money back guarantee provision would be applicable to them only on our sole discretion. We may refund the total amount, pay half or refund nothing.
You have 30 days to dispute any kind of charge or payment processed by ExzaCloud. If you are confident that you are not liable for any charge, please get in touch with us at admin@ExzaCloud.com
Customer is liable to provide the required equipment and services to access ExzaCloud systems, servers and networks. ExzaCloud makes no statement that the equipment of the customer would be compatible with its services.
ExzaCloud is not liable for any kind of service issues encountered by the customer due to usage of scripts, programs and software that is not provided by ExzaCloud or is not embedded on ExzaCloud systems, servers or network.
ExzaCloud is not responsible to make sure that the customer websites would function smoothly or responsible to resolve the issues with their scripts, programs, software that is equipped inside our servers by the customers.
All fees that are paid to ExzaCloud are not refundable, it is a one-time setup fees.
However, you can place a request to refund the amount within the given money back guarantee period. We will refund all the setup fees paid to us during the money-back guarantee period.
All the services catered by ExzaCloud, including but not confined to, Lifetime hosting, Lifetime Domain Registration, Lifetime SSL Certificates, Lifetime Domain Privacy, cPanel Migration and Reseller Accounts are available for free. Nothing extra would be charged from the customers for these services.
You cannot transfer the hosting account. If you would like to transfer the hosting account, then it results in cancellation of your account without refund.
ExzaCloud is not liable for the services rendered by third party providers. Especially, but not confined to include, hardware, networking and domain providers. However, these people should not provide their services to the customers in an economical manner, since we may be unable to continue offering services with superior quality lifetime hosting.
In case if ExzaCloud is not able to provide its customer with hosting for any kind of reason, customer will be compensation for it. However, no refunds will be given to the customers after the money-back guarantee period is expired and all the services will be provided for free.
In case, if ExzaCloud is not able to provide the customer with lifetime registration, be it for any reason, customer is not compensation for it. There is no refund given to the customer beyond the money-back guarantee period, and all the services provided are for free.
In case, if ExzaCloud is unable to provide any kind of service to the customers as listed by them for any reason, customer is not compensated in anyway. There is no refund of fees given to the customer beyond the money-back guarantee period and all the other services are rendered for free.
Electronic Commerce (eCommerce Service):
Customer who would like to do online commerce, the customer is liable to create and maintain the ecommerce store.
Customer is responsible to make sure that all the products showcased on the site or services sold should be through our services are legitimate and the content on the store and other offered should not violate the rights of others.
Customer is responsible to set up the online store and meet the online store needs like order fulfillment, shipping, data security, etc.
Customer is responsible to protect the Credit card data of its customers.
ExzaCloud is not responsible for any kind of fraud or disputes in businesses during transactions, or failure to deliver goods to the customer or any conflicts existing between customers and its customers.
Web Site Accessibility:
We will make sure to keep the website that is hosted through our hosting services live or online round the clock, i.e. for 24 hours, 7 days in a week excluding the maintenance activities and system repairs carried out by ExzaCloud.
With the nature and complications of online services, we cannot assure the availability of our website, customer website or other website or information that is hosted on our servers or products or services hosted on the site
According to ExzaCloud’s Privacy Statement, ExzaCloud reserves the right to disclose a part of aggregate information in the signup forms submitted by the customers. However, ExzaCloud will not reveal the personal information to third parties until and unless such disclosure is:
Ordered to be submitted by law or is necessary to comply with subpoenas, court orders or legal proceedings or request placed by government authorities;
Required to help the investigators to investigate in fraudulent activities or illegal activities or other actions that are taken with respective to such activities;
Backup / Restore
ExzaCloud will not backup the websites or emails of its customers. It will done by automatic backup application, which you need to enable it from control panel.
ExzaCloud will not assure that the content posted on the site would be never deleted or corrupted or the backup of the data published on the site would be available with them.
We recommend all the customers time and again to maintain the backup of content on the website on their local servers or systems and strongly request customers to make a copy of content (on tape, CDs, floppies, copy to desktop or other storage areas) to make sure that the files are always available to them even during data loss.
For more details you can email us at admin@ExzaCloud.com
We posses all rights to take necessary actions to maintain bulletproof security, improve performance, connectivity and services to our customers. In addition, we also take appropriate actions to deactivate the websites that are not meeting the requirements as outlined in the Terms of Service, shut down networks, review content on the site time to time to learn about the behavior.
In rare events, we would need to totally delete the website due to breach of security by the company or failures in servers or due to some emergency purposes. In such instances, we make sure to back up the data on the website prior to deleting it, but we cannot assure to restore the entire website.
Acceptance of Commercial Relationship and E-mail Communications
By availing our services, you are commercially agreeing to establish relationship with us. To have a concrete proof of agreement, you need to notify and respond to our emails, but no spam.
We give an opportunity for our customers to take part in special offers, contests, surveys, we also notify our customers about the new products and services added to our business through newsletters or promotional materials. You can opt out of receiving these notifications to your emails by giving your response to the unsubscribe instructions that is furnished in the emails or by getting in touch with the support team.
Waiver of Jury Trial:
You can ExzaCloud should agree to waive the rights to a jury trial for any claim or action that arises from the agreement.
The waiver scope should cover the disputes filed in the court and its related subject including no limitations, contract claims, tort claims, violation of duty claims, and other related law and statutory claims.
You can ExzaCloud should acknowledge that waiver is a kind of document to enter into business relationship for each party. Each part is totally dependent on the waiver to enter into Terms and both parties will continue to depend on waiver to carry out future dealings.
Each party will assure and represent that each one would have an opportunity to have legal counsel review done by waiver.
The decision of waiver is final meaning this cannot be modified verbally or in written format and the waiver reserves the right to apply for any amendments, renewals, supplements or modifications of the terms. In litigation that are encountered by either of the parties can refer to the written agreement to trail by the court.
Limitations of Liability:
ExzaCloud will operate as a shared hosting environment, which offer economical hosting choices for the customers and has some risks that are associated to customers and others.
We do not accept any kind of liability for the downtime of your site, service interruptions, business loss, data loss, security breach or unauthorized access of your confidential data.
We do not accept any kind of liability related to legal requirement or a court order. Additionally, there are a few instances where ExzaCloud should use the judgments to respond to the legal viewpoints. We do not accept any liability in case our judgment is against our viewpoints eventually.
ExzaCloud PROVIDES ITS CONTENT WITH NO WARRANTIES. REPRESENTATIONS OR WARRANTIES THAT ARE EXPRESSED BY US OR IMPLIED IN STATUTORY WITHOUT A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE DISCLAIMED TO THE FULLEST BY PERMITTED BY LAW. ALL MEMBERS SHOULD ACKNOWLEDGE THAT ANY WARRANTY PROVIDED IN RELATION TO PRODUCT OR SERVICE MADE AVAILABLE THROUGH EXZACLOUD IS PROVIDED BY ADVERTISER, MANUFACTURER OR OWNER OF THE RESPECTIVE SERVICE OR PRODUCT OWNER BUT NOT BY ExzaCloud.
YOU AGREE THAT ACCESS OR USAGE OF CONTENT ON THE ExzaCloud IS AT YOUR OWN DISCRETION. IN NO INSTANCE, EXZACLOUD WOULD NOT BE RESPONSIBLE FOR THE DATA LOSS OR CONTENT LOSS, BUSINESS LOSS OR ANY DAMAGE THAT HAPPENED RELATED TO NETWORK SYSTEMS, SOFTWARE, SERVICES EVEN THE COMPANY HAS WARNED ABOUT ITS USAGE WOULD RESULT IN DAMAGES OR ANY DAMAGES THAT ARE CAUSED DUE TO THE FAILURE OF THIRD PARTIES OR DELAY IN CARRYING OUT OBLIGATION OR ANY ERROR IN CONTENT OF CUSTOMER WEBSITE THEREOF. YOU AGREE THAT YOU ARE THE SOLE REMEDY FOR DISSATISFACTION OF WEBSITE RELATED SERVICES, PRODUCTS, TOOLS, CONTENT PROVIDED ON THE SITE OR THE WEBSITES ARE MADE AVAILABLE BY YOU OR THE OTHER USERS ON THE INTERNET IS TO CEASE USING OUR SERVICES. ADDITIONALLY, ExzaCloud IS NOT RESPONSIBLE FOR ANY PHYSICAL DAMAGE OR PERSONAL INJURY.
The terms would also be beneficial to be known by the successors and heirs of the parties. The terms, pricing and product offerings are subjected to change at any point of time without giving prior notice to the customers. If you are not agreeing to any of these terms, you can stop using the services.
If any provision that is furnishing in terms found to be invalid and unenforceable, then a reminder related to these terms shall be enforced as permitted by laws. A court of the respective jurisdiction has rights to modify invalid and unenforceable to make it valid and enforceable.
Few of the activities that are restricted in our hosting services are:
- Top sites
- IRC Scripts/Bots
- Traffic bots or fake traffic
- Proxy Scripts/Anonymizers
Excessive of MySQL activities for the automated sites are revised when the plugins consume a lot of resources. Specially, we recommend the customers to install plugins, especially the ones that grabs a sea of traffic and stats plugins and caching plugins. A plugin similar to W3 Total cache will be triplicating the size of a site as it creates around 100 to 1000 of inodes. We have servers that are cached at the hardware level, since doing it from WordPress would slow down the site speed rather making it load swiftly.
- AutoSurf/PTC/PTS/PPC sites
- Pirated Software/Warez
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- IP Scanners
Anything to ‘spam-related’ including “Safe lists”, purchased lists, and selling of lists. Users sending spam emails from their accounts will be sacked without notice.
- Banner-Ad services, pop up adverts
- Escrow/Bank Debentures
- File Dump/Mirror Scripts alike to rapid share
- Commercial Audio Streaming
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites
- Selling controlled substances without having authorized permits by the respective
- government authorities
- Prime Banks Programs
- Lottery or wagering Sites
- Hacker suspicious websites/archives/programs
- Sites that are promoting illegitimate activities
- Forums or websites that dispense or associated to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fake Sites
- Push button mail scripts
- Broadcast or live streaming of Sporting Events
- Tell A Friend Scripts
- IRCD (irc servers)
- IRC Scripts/Bots
- Explicit porn sites
Few of the examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
IF YOUR ACCOUNT HAS ANY PIRATED SOFTWARE OR DOING ANY ILLEGITIMATE ACTIVITY OR USING CRACKED PROGRAMS, WAREZ PROGRAMS OR HAVING ANY ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED WITHOUT PRIOR INTIMATION. ADDITIONALLY, CONTINUING THESE ACTIONS WOULD RESULT IN ACTIONS ENFORCED BY AUTHORITIES.
If you are having any questions about our terms of service, or the practices of the site, please contact admin@ExzaCloud.com
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