READ THIS AGREEMENT CAREFULLY BEFORE USING ANY EXServers SA SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN CUSTOMER (referred to herein as “Customer”) AND EXServers SA.
EXServers SA reserves the right to refuse or terminate service to anyone, at any time and for any reason, including but not limited to violation of EXServers SA’s Acceptable Use Policy. Should EXServers SA terminates Customer’s service for a reason other than violation of the Acceptable Use Policy, EXServers SA will issue Customer a refund for the remaining paid period of service. Under no circumstances is EXServers SA responsible for any damages resulting from termination of service. EXServers SA reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without cause.
Scripting and Program
It is the Customer’s responsibility to ensure that scripts/programs installed under Customer’s account are secure and permissions of directories are set properly. Permissions for most directories must be set as restrictive as possible such as 755 to avoid being hacked or compromised. Customer is ultimately responsible for all actions taken under Customer’s account. This includes the compromise of credentials such as user name and password. It is required that Customer use a strong and secure password. If the password is weak, customer’s account may be suspended until the password is replaced with a strong and secure password.
Resource Usage
Customer may not use 25% or more of system resources for longer than 90 seconds. Account will be suspended until customer reply with next action plan. If the account overload again, EXServers SA reserves the right to terminate the account permanently or impose an overload penalty fees to the customer. To avoid this suspension or penalty fees, EXServers SA advises customers not to use our shared hosting accounts for the following usage, as they generally will overload. These activities are unattended server-side processes, torrent application, tracker, file-sharing, peer-to-peer activities, IRC chat module, video streaming, gaming applications, web spider or indexer, daemons and heavy cron-jobs.
CPU and Memory Limit
EXServers SA use Cloudlinux (LVE) to ensure Linux Shared Hosting accounts receive a fair share of resources. LVE is a kernel level technology developed by the CloudLinux team. The technology has common roots with container based virtualization and uses cgroups in its latest incarnation. It is lightweight, and transparent. The goal of LVE is to make sure that no single web site can bring down your web server. Today, a single site can consume all CPU, IO, Memory resources or apache processes and bring the server to a halt. LVE prevents that. It is done via collaboration of apache module, PAM module and kernel
Unlimited
EXServers SA does not set a limit or cap on the amount of resources a single Customer can use. In good faith and subject to these Terms, EXServers SA makes every commercially reasonable effort to provide its Customers with all the resources needed to power their web sites successfully. EXServers SA’s offering of “unlimited” services is not intended to allow the actions of a single or few Customers to unfairly or adversely impact the experience of other Customers.
In a shared hosting server, multiple Customer web sites are hosted from the same server and share server resources. EXServers SA’s service is designed to meet the typical needs of small business and home business website. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
EXServers SA will make every commercially reasonable effort to provide additional resources to Customers who are using their website(s) consistent with these Terms, including moving Customers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Customers, EXServers SA does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until EXServers SA can evaluate said sites resource needs. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage per account or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. EXServers SA may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber’s account, with or without notice. Apart from this, all shared hosting plans are set with an hourly sending limit of not more than 200 emails within a given hour. This policy is important to prevent spamming activities either deliberates or through poorly secured computers that are hacked for sending spamming emails.
Unlimited Domain Hosting. EXServers SA does not set arbitrary limits on the number of domain names a Customer can associate with the Customer’s web hosting account. However, EXServers SA reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Customers.
Bandwidth Usage
Customer is allocated a monthly bandwidth allowance and it varies according to the package purchased. Should the Customer’s account pass the allocated amount, the account will automatically be suspended. The account will be unsuspended when the next allocation period starts or when the Customer upgrade to a higher level of package or pay additional fees for the overages. Unused bandwidth in one month cannot be carried over to the next month.
Content
All services provided by EXServers SA may only be used for lawful purposes. The laws of Bulgaria apply. The customer agrees to indemnify and hold harmless EXServers SA from any claims resulting from the use of our services.
Price Protection
The amount customer pay for hosting will never increase from the date of purchase unless there are certain terms involved such as a first year promotion etc, or exchange rate changes. EXServers SA reserve the right to change any packages or prices listed in our website and has the right to adjust the amount of resources given to the packages at any time. Should the Customer request to upgrade the features of the subscribed package, there will be an upgrade fee incurred.
Delivery
Delivery periods can only be estimated. Exceeding the delivery time never entitles Customer to be paid damages or cancellation of the order. Should the delay is due to a reason within EXServers SA itself such as EXServers SA is temporarily or permanently unable to fulfill the order partially or completely, EXServers SA reserves the right to partially or completely cancel or decline the order. EXServers SA also reserves the right to deliver the order with a similar specifications or higher. EXServers SA will notify CUSTOMER of such decisions. Once the service is delivered, it is the customer’s responsibility to check and report back within 7 days for any discrepancies or related problems. EXServers SA will take the effort to rectify the problem including reinstall or replace the entire server without any charges. However if the report is made after 7 days, there will be a charge for any services rendered.
Server Delivery Times
Dedicated servers are usually delivered between 1-4 business days from payment confirmation. Some locations may take a little longer.
VPS are delivered after 24 hours after payment confirmation.
Suspension Due to AUP Violation
If the account is suspended due to AUP violation, there may be a USD49.00 reconnection fees whereby EXServers SA need to reset-up an entire server for the Customer. Accounts may be deleted if they have spent ten (10) or more calendar days in a suspended state. Accounts past due may be subject to interest at the rate of 3% per month.
Customer Data
EXServers SA will never sell or disclose Customer’s contact information, data or Customer lists to any third party, unless required by law or specifically authorized by Customer.
Customer Support
EXServers SA provides 24 hours Customer support and is committed to provide the best possible support for all Customers. For any service request not subscribed by the Customer, EXServers SA reserves the right to charge USD50.00/hr for any website/server troubleshooting issues. EXServers SA at its sole discretion, reserves the right to deny providing services requested by the Customer with or without reasons. For any services rendered, charged or not charged, EXServers SA provides the best effort services. EXServers SA will not be held responsible for any other issues that resulted directly or indirectly due to the support given.
Should there be incident whereby EXServers SA provides FREE support to the Customer, this is a courtesy service and cannot be defined as evidence that EXServers SA must commit to provide FREE support to the Customer. In this case, EXServers SA reserves the right to stop providing courtesy service to the Customer at any time.
Dedicated Server
Guarantee applies to first time purchasers only.
Refund will be provided only if Customer experiences technical problems caused or related to items 100% controlled by EXServers SA.
Refund does not include any setup fees, installation fees on operation system or software.
Refund will minus USD49.00 restocking fees for any account without setup fees. Reconnection fees of USD49.00 will apply for dedicated server account re-activated for invoices that are unpaid for more than 7 days.
SMTP port services are only allowed in Primary and Secondary IP for Dedicated Server hosting. For any additional IPs, the SMTP port services will be blocked.
Refund is granted by EXServers SA’s sole discretion.
Refund decision made by EXServers SA is final.
We will not refund or credit under the following circumstances:
Indemnification
Customer agrees that it shall indemnify EXServers SA harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against EXServers SA, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless EXServers SA against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with EXServers SA; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from EXServers SA’s server.
Disclaimer
EXServers SA will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if EXServers SA was advised in advance of the possibility of such damages. EXServers SA’s maximum liability arising out of or related to provision of its services will not exceed the total amount of fees billed to Customer during the twelve (12) months preceding the claim.
EXServers SA will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from: (i) other EXServers SA Customers or third parties accessing Customer’s data or assigned computers; (ii) security breaches; (iii) eavesdropping; (iv) denial of service attacks; (v) interception of traffic sent or received using EXServers SA’s service; (vi) Customer’s reliance on or use of the service; (vii) mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the service; (viii) the accuracy, completeness, and usefulness of the service; or (ix) loss of data or loss of access to data.
EXServers SA’s limitations and exclusions of liability apply equally to EXServers SA’s officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.