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DataXpie Cloud Terms of Service
Last Modified date: 25 Oct 2022
Customer agrees to meet terms and conditions terms and conditions below while they are using, or accessing DataXpie Cloud services –
The User agrees to use the service in a manner compatible with all applicable laws. Their account is not used following all applicable laws, including – local, state, or federal laws. DataXpie Cloud reserves all rights to cooperate with any kind of law enforcement agency if needed.
Neither DataXpie Cloud nor its information providers are responsible for any damages occurring from the User’s use of DataXpie Cloud or by the User’s inability to use DataXpie Cloud service.
The User at this moment agrees that any material submitted for publication on DataXpie Cloud through User’s account does not violate or trespass any copyright, trademark, patent, statutory, common law, or proprietary rights of others, or contain anything obscene or libellous. Users may not host any hardcore adult content or porn websites on our shared, reseller servers. Software intended to facilitate any such violations or infringements may not be stored on DataXpie Cloud.
The following violations of “Netiquette” are grounds for immediate suspension of service pending investigation by DataXpie Cloud and will result in termination of the account the study determines to have originated or transmitted these types of traffic.
Sending unsolicited mass e-mailings which provoke complaints from the recipients of the User is prohibited.
Engaging in either of the above from a provider other than DataXpie Cloud and using an account on DataXpie Cloud as a mail drop for responses, or advertising a website hosted at DataXpie Cloud.
If any user keeps doing harassment on other individuals on the Internet after being asked to stop by those individuals, DataXpie Cloud will not be accountable for that.
Impersonating another user or otherwise falsifying one’s user name in email, Usenet postings, IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
DataXpie Cloud prohibits Internet Relay Chat and associated programs, including the psyBNC, bots,
scripts that are commonly used for abuse, attacks, or flooding threatening, harassing, or obscene content and any proxies which do not require authentication, including open mail proxies, and unprotected anonymous web surfing proxies.
Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labour to cleanup and respond to complaints incurred by DataXpie Cloud.
The User agrees not to use excessive amounts of resources. Any violations may result in us taking corrective action to maintain server stability by killing any processes, disabling, or suspending your account.
Users may not use more than 100% CPU out of 1 CPU Core, and the usage is limited to 1 CPU core, 1GB memory, 1024/Kbps IO – Read & write operations, no more than 100 NPROC – Processes or no more than 20 Entry Process. Cron jobs must not execute more than once every 30 minutes unless if specified by the script provider and will be niced to 15 or higher. Each user account may not send more than 300 emails per hour.
If it is determined that a customer’s account is overusing the system resources, we may temporarily suspend the account to prevent the server from experiencing any issues, resulting in problems with other valued customers. If it is determined that the account is not suitable for the shared or reseller server environment, a notice will be sent to the Customer providing them alternative solutions or such as a Premium Hosting Plan with tremendous resources, VPS or a Dedicated Server. DataXpie Cloud will be the sole arbiter as to what constitutes a violation of this provision, and DataXpie Cloud reserves the right to make adjustments to these limits at our sole discretion.
All unmetered dedicated servers and virtual private servers are installed on a hundred Mbps shared bandwidth ports, unless service is sold as a specified port size or specified/requested as a capped port. DataXpie Cloud reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources. This will generally not include short spikes in usage, but will consist of, but not be limited to, sustained transfers of significantly more significant than average amounts of bandwidth. At any time, if any client’s data transfer rate affects other DataXpie Cloud clientele, DataXpie Cloud reserves the right to throttle the service, causing such a problem.
DataXpie Cloud performs daily or daily and weekly backups on all of our servers to ensure critical files are never lost. Our daily and weekly backups are created for accounts that are under 20GB and 150,000 Inodes. These limits apply to each cPanel user individually. Furthermore, DataXpie Cloud does not guarantee this feature to any of the clients, and therefore strongly advises the client to perform a backup of their data hosted with us regularlydata hosted with DataXpie Cloud, will use reasonable endeavors to restore the client’s data; however, DataXpie Cloud will not be responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups or any data loss due to faulty hardware. We highly encourage our customers to have their separate reserves if your website or data is critical to your business or livelihood as no backup method is failsafe; therefore, we make no warranties.
The use of more than 50,000 inodes on any cPanel account (single User) may result in an automatic warning on cPanel > Stats > inodes. There will be no service interruption at this stage, but if no action is taken to reduce the inodes, service interruption may take place once a user reaches 150,000 Inodes. Accounts found to be exceeding the 150,000 inode limit will automatically show resource exceeded message and may be suspended if no action is taken to reduce the inode count. Virtual private servers have a server-wide limit of 5 million, and there are no per cPanel user limits.
Users with reseller plans have a full reseller limit of 1 million inodes in addition to the per-user limit.Business reseller limit of 1.6 million inodes in addition to the per-user limit, However this reseller limit is not something we actively enforce,If anyone need extra inodes they can pay monthly for that extra 1 million price 20usd and it will only become an issue if a reseller is causing problems for other resellers on the server. If a reseller inode usage is in between 5 to 10 million inodes, we may request the reseller to upgrade to a dedicated server or provide adequate time to resolve the inode usage, if the reseller takes no action, the account may be suspended. Budget resellers have a per-user limit of 50,000 inodes and a 250,000 reseller full limit of inodes. If this limit is exceeded, we may request the budget reseller to upgrade to a standard reseller plan or provide adequate time to resolve the inode usage, if the budget reseller takes no action, the account may be suspended.
Every file (a web page, image file, email, etc.) on your account uses up one inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that consistently create and delete large numbers of files regularly, have hundreds of thousands of data or resellers with millions of records that cause file system damage may be flagged for review or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build-up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail,” then “Default Address,” “Set Default Address,” and then type in: :fail: No such user here.
The User MUST NOT use our hosting services to offer any of the following kinds of FREE services but are not limited to; Free Web hosting services, Free email services, Free blogging services, Free home pages, Free image hosting, Free trial accounts.
If you violate this prohibition on free services, we may suspend your account immediately, with or without notice, as we, in our sole discretion, deem necessary to address the situation.
File hosting and file storage of any type are strictly prohibited on all reseller, shared, and hosting servers. You may not use your hosting with DataXpie Cloud as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloaded it on your site. This means you can not operate a place that specializes in downloads like Download.com or similar, and you may not use your account as a storage repository for MP3, games, video, photos, images, audio, or music files or as a backup storage facility.
Abuse of DataXpie Cloud Staff or Support Personnel: At DataXpie Cloud, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you. If our staff feels that you are consistently engaging in abusive content toward them or addressing them in a demeaning or rude manner, your account(s) may be suspended, and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice. We will issue a refund only for the unused portion of pre-paid service. Offensive conduct includes, but is not limited to, the following behaviors:
Repeatedly addressing members of our staff in a demeaning or rude manner. Using profanity in any oral or written communications with our team, by any medium of communication, including but not limited to email, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol, or in-person communication. All kinds yelling or shouting at our staff, deliberately using all capital (uppercase) letters in any written notification to our team, insulting our team because of their characteristics, or based on their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status, or deliberately providing false information to our staff to harass them or waste their time will lead any user towards punishment.
The User agrees to pay DataXpie Cloud all charges relating to the use of User’s account(s) according to rates and prices stated on said sales order at the time of commencement.
The User is responsible for charges at the time the service is used, and DataXpie Cloud may apply the amount due to User’s credit card at any time.
DataXpie Cloud reserves the right to suspend access to service for User’s account(s) upon any indication of credit problems including delinquent payments or rejection of any credit card charges.
Credit Card payment: If the Customer chooses to pay for services by credit card, Customer grants DataXpie Cloud the right to charge fees to that card on each due date. The Customer further agrees not to challenge or dispute any charge representing hosting payments.
Non-Payment: All Shared hosting payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for five (3) consecutive days, including the anniversary date, may result in the suspension of customer services. Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, may result in termination of access to the service network and all services shall be reclaimed. All customer data remaining after fourteen (14) days of non-payment will be destroyed for security and privacy reasons.
All Dedicated Server and Virtual Private Server payments are due in full on the monthly anniversary date. If full payment has not been received within three (3) consecutive days, including the anniversary date, suspension of public access to customer services may be incurred. Failure to remit payment for services within five (5) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed.
Reseller Terms and Conditions
If the reseller package is cancelled, WHMCS licence will expire immediately (If provided.) and other free services like Support chat,Payment getaway and technical support will be terminated.Resellers will have to pay their due before due date. If not, services will be suspended automatically.
Our credit card processor will remit payment for all recurring orders for services on the monthly anniversary date. It is the client’s responsibility to make sure the sufficient funds are available on their credit card payment account. It is the Customer’s sole responsibility to make sure that dues are paid on time, and the email address on file is working and allowed to receive reminders DataXpie Cloud. Once a payment reminder dispatched from DataXpie Cloud. It is considered as a valid payment reminder. DataXpie Cloud does not take any responsibility for non-deliverable email addresses or emails sent by DataXpie Cloud. not reaching the client destinations, including but not limited to spam filters or network issues. For the first day after payment should have been made, you will receive a payment reminder notice that states you must update your credit card and pay your invoice. The third day and the fifth day, second and third payment reminders will be sent us. From the seventh day, customer services may be suspended temporarily for non-payment.
We have a zero-tolerance policy for posting negative feedback on any public locations about our company and our employees before submitting a ticket to our “Suggestions & Complaints” Department to discuss your issue. This will result in immediate account termination without any refund.
Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to, which is not the type of
client that we want to deal with. We have the utmost respect for all of our clients and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event, you are not satisfied, all that we ask is to discuss your issue with our Complaints Department first. For example, if you are the type of person to run to the forums at the first chance you get to complain, please DO NOT SIGN UP with DataXpie Cloud in the first place.
Without waiving any of its other rights under this Agreement, DataXpie Cloud offers to its Customers a 30-day money-back guarantee on fees for hosting services. If, for any reason, you cancel your account within thirty (30) days starting from the day, DataXpie Cloud dispatch your welcome email, including your account information or the day you place the order with us, whichever comes first. DataXpie Cloud will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever prior received a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from DataXpie Cloud and does not apply to any changes to your service at any time.
Our refund policy does not apply to any additional items or services; this includes but not limited to Domain Registration, Domain Parking services, dedicated servers, virtual private servers, and overage fees.
Customers may voluntarily cancel their account at any time, for any reason, or no reason, by requesting the cancellation from your member’s area at cloud.dataxpie.com/console > Services > My Services > Product/Service > View Details > Management Actions > Request Cancellation.
DataXpie Cloud requires a five (5) day cancellation notice before the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite five (5) days will result in a full billable monthly cycle before cancellation. All due amounts must be settled in full before we cancel the customer account. The Customer understands and agrees that DataXpie Cloud does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable, unless stated otherwise under our any 30-day money-back guarantee.
All cancellation requests must be made directly via cloud.dataxpie.com `. Cancellations requests are not accepted by email, postal mail, by phone, or via the live chat or Ticket. If a customer canceled a recurring order by contacting any 3rd parties, we would consider it as an account cancellation request. In such cases, DataXpie Cloud reserves the right to terminate the customer account with immediate effect without any prior notice.
DataXpie Cloud may modify these terms and conditions upon notice published online via DataXpie Cloud. User’s use of DataXpie Cloud services after such notice shall constitute the User’s acceptance of the modifications to this Agreement.
This Agreement, User account, contract, and billing will automatically renew unless canceled in writing before the renewal date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.