By using website, products and services (“Service”, or “Services”), of Xecreators (“Xecreators IT Services”, “Xecreators IT Services (Private) Limited. “our”, “us” or “we”) you (“you”, “your”, “Client” or “Customer”) agree to comply with our policies as set forth in these Terms of Service (“Terms of Service”, “TOS”, or “Agreement”). Creating an account and ordering service through our website constitutes your acceptance and agreement to be bound by these Terms of Service. Xecreators reserves the right to cancel, suspend, or terminate any service provided with or without a refund or notice or warning for any reason. Xecreators also reserves the right to change and modify the Terms of Service at any time with or without customer notification. It is up to the customer to periodically check and familiarize himself or herself with the recent Terms of Service. If any customer does not comply with the new Terms of Service modifications, the customer’s service will be terminated.
Web Design and Development:
- We are not responsible for looking after website once it is completed (In case no maintenance service is purchased).
- For changes or maintenance in website after it is completed and handed over to the client, fee will be charged (Fee depends on respective editing).
- We will not design, develop or edit any website related to illegal activities.
- XeCreators is allowed to display links, screenshots and urls of websites we design and develop for our clients.
Hosting and Servers:
HARDWARE RESOURCE USAGE:
- Video/files off site, storage of large files or large quantities of seldomly used data/images). If you are found hosting files that use a larger portion of storage and/or bandwidth than what is considered typical for a shared hosting environment, we may ask you to reduce your usage or upgrade to a virtual server. Excessive bandwidth usage due to website abuse or brute force attacks may result in suspension of services. ffmpeg, its alternatives, and mass video streaming websites are not allowed on our shared hosting.
- As in all virtual server environments, CPU cores and disk I/O are shared among multiple VPSs. If your VPS is consistently maxing out one full core or more and impacting the performance of other client servers sharing the same host node, we may ask you to reduce your usage. Load may be generated by CPU usage and/or I/O. Disruptive load may result in a reboot, shutdown, and/or suspension of the VPS regardless of the time lapse involved.
- VDS CPU cores are dedicated per VDS. You may use 100% of your allocated CPU indefinitely. I/O and network ports are shared like a VPS, so we may ask you to reduce your usage and/or shutdown your VDS in an abusive situation.
STRICTLY PROHIBITED USES:
The following are strictly prohibited uses and may result in immediate suspension and/or termination if discovered on your account:
- Any type of Pornography or sexually explicit content.
- Online Gambling / Betting Platforms
- Content that may promote / depict or link to any type of illegal activity / brand / organization / service /
- content as per Law and of Islamic Republic of Pakistan.
- Content that violates copyright acts.
- Denial of Service (DoS) attacks
- Port scanning
- TOR exit nodes
- Open proxies
- Open DNS resolvers
- Illegal downloads/Piracy
- Public video chat (e.g., CamFrog, Visichat)
- Virtual currency / cryptocurrency (*coin) mining
- Crypto verification (SmartNodes, etc.) (*Allowed on VDS*)
- Facebook crawlers
- IP spoofing
- Fake/Replica product websites
- World Community Grid, Folding at Home, or similar software
- HYIP websites
- Booter/Stresser websites
- HitLeap or any artificial traffic creation
- iBusinessPromoter or similar software
- Multics, CCcam, or any other card sharing software
- Chinese private game servers and related websites
Running any of the above items behind a DDoS-filtered IP is still a violation of the policy. Using our IP addresses (IPv4 and IPv6) to evade IRC or forum bans is also strictly prohibited.
- XeCreators reserves the right to cancel service(s) at any time. XeCreators will refund paid charges if XeCreators initiates its right of cancellation and customer is NOT in violation of these Terms and Conditions. If cancellation is caused by customers and/or its client’s violation of the Terms and conditions, then client agrees that no refund will be done. Customer understands that service(s) can be cancelled at any time effective the end of the contract.
- Upon termination, either by XeCreators or Client, due to any reason, Customer is responsible for deleting host registrations from domain registrar(s) immediately. Customer further agrees to pay XeCreators all reasonable administrative costs if XeCreators must intervene in deregistering the hosts.
Xecreators support is managed through tickets submitted in our Client Area. We generally process tickets in the order in which they are received. Multiple replies to tickets will not ensure that you receive a faster response. We offer support in English and Urdu. We do not tolerate profanity or abusive language in any form of contact with us including, but not limited to, emails, our ticket system, or our social channels. Such behavior will result in a warning, followed by suspension and/or termination if the warning is not heeded.
Third Party Dependencies:
Xecreators used third party Data Centers and Servers located at multiple geographical locations in EU and US. Due to time zone difference, support requests for hardware, network, DDOS or backup might take a couple of hours or more depending on availability of technical staff at Data Center / Servers locations.
Business Hosting Support:
Xecreators shared hosting support covers the hosting environment, not a customer’s individual website(s), script(s), or database(s). Examples of issues we cannot assist with include (but are not limited to):
- Out of date scripts (this includes Joomla/WordPress installs, WordPress plugins, custom theme extensions, etc.).
- Scripts that require non-standard hosting environments. (Anything that would need to be configured or added outside of the cPanel/WHM interfaces.)
- Any backend service which is not managed and installed natively in our environment. (NoSQL, TeamSpeak plugins, etc.)
Customers are responsible for keeping their scripts up to date. Xecreators does not provide support for website problems resulting from outdated scripts or installations. We recommend that our customers use the included Softaculous script manager to install available scripts. Softaculous can assist in keeping scripts up to date.
Xecreators shared support is available for non-critical issues between the hours of 11AM and 7PM (GMT +5). Critical support for server or network problems is available 24/7/365.
VPS and VDS Support:
Xecreators servers are unmanaged. You are responsible for managing your virtual server and dedicated server. Our servers are designed for web hosts, advanced Linux administrators, and experienced webmasters. In order to successfully manage our servers, the customer should be familiar with Linux operating systems, tools, and services. Xecreators provides basic tools needed to configure and maintain the customer’s server. We also provide remote console access to our servers which gives the customer a way to access his or her server even with a broken SSH configuration.
Xecreators may provide custom support, maintenance or management services for hosting, server, websites, or application management to SAAS (software as a service) clients only. Terms for such services must be agreed upon between Xecreators and client at the time of first order.
Payment Chargebacks and Billing Disputes:
Raising a billing dispute with our payment processors or charging back a payment made to Xecreators will place the client’s account in bad standing. We reserve the right to immediately terminate all services without refund in such instances.
Any threat of legal action against Xecreators by a client will result in immediate account and service termination without refund.
VPS and VDS:
- Xecreators does not take backups of virtual server and dedicated server data. We recommend that customers backup their server data to their personal computers or remote storage servers. Customers are responsible for their own data. Xecreators shall by no means be responsible for data loss.
- Although Xecreators does backup all shared hosting accounts daily, we cannot guarantee the integrity of customer data or databases taken at the time of backup. We encourage all customers to use the backup function available to them in their cPanel control panel to take their own remote backups periodically through the month. Note: Any backups taken through cPanel and stored on the server will be removed automatically once the backup is more than 48 hours old. Ensure to download your backup files as soon as you generate them if you would like to keep the data stored in the cPanel backup archive.
- Xecreators provides a backup interface for customers to restore files and databases. We cannot assist with backup restoration outside of the features provided to you from within cPanel. Restoring a backup may result in overwriting data that has not yet been backed up by our daily backups. We recommend that you take a manual backup from within cPanel before you restore any data.
Any claim arising hereunder shall be construed in accordance with the substantive and procedural laws of the Islamic Republic of Pakistan, without regard to principles of conflict of laws. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the Provincial and National courts of Pakistan. Customer consents to service of process via email at the email address(es) provided by customer, and waives any requirement under any judicial treaty requiring that legal process be translated into any language other than English.
- SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND XECREATORS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- XECREATORS MAKES NO GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, WILL ALWAYS BE ERROR-FREE, SECURE, OR TIMELY, OR WILL BE RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL DATA AND/OR INFORMATION.
- TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, AS APPLICABLE, XECREATORS DISCLAIMS ANY AND ALL RESPONSIBILITY, LIABILITY, OR OTHERWISE ARISING OUT OF DEATH OR PERSONAL INJURY RESULTING FROM, DIRECTLY OR INDIRECTLY, THE USE OF THE SITE, SERVICES, OR OPERATION OF XECREATORS’S PRODUCTS.
- XECREATORS TAKES NO RESPONSIBILITY, NOR WILL IT BE LIABLE FOR, ANY DAMAGES TO USER’S PROPERTY, INCLUDING COMPUTER VIRUSES OR MALWARE, OR OTHER PROPERTY CAUSED BY OR STEMMING YOU’RE YOUR USE OF THE SITE.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT BE APPLICABLE IN YOUR SPECIFIC SITUATION.