XcellHost | Leagal & Terms

The Website Owner, including subsidiaries and affiliates (“Website” or “Website Owner” or “we” or “us” or “our”) provides the information contained on the website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of the website.

A privacy policy states how you will respect the privacy of your website users. It says what information you will gather, how you will use it and how you will keep it secure.
A privacy policy is a legal document that discloses some or all of the ways a party gathers, uses, discloses and manages a customer’s data. The exact contents of a privacy policy will depend upon the applicable law and may need to address the requirements of multiple countries or jurisdictions. While there is no universal guidance for the content of specific privacy policies, a number of organizations provide example forms.

Website privacy

This privacy policy sets out how XcellHost Cloud Services Pvt. Ltd. uses and protects any information that you give XcellHost Cloud Services Pvt. Ltd. when you use this website.
XcellHost Cloud Services Pvt. Ltd. is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
XcellHost Cloud Services Pvt. Ltd. may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

What we collect

We may collect the following information:

    • Name and job title
    • Contact information including email address
    • Demographic information such as postcode, preferences and interests
    • Other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

    • Internal record keeping.
    • We may use the information to improve our products and services.

1. This Acceptable User Popcy (“AUP”) governs the usage of services of XcellHost Cloud Services Pvt. Ltd. (“Services”) pursuant to the Master Services Agreement dated entered between XcellHost Cloud Services Pvt. Ltd. and the Customer.The terms not specifically defined herein shall have the meanings ascribed to them in the Master Services Agreement.
2. This AUP shall be incorporated by reference into each contract entered by XcellHost Cloud Services Pvt. Ltd. with its Customer for avaipng the Services. In addition, this Popcy shall also be incorporated by reference into the Master Service Agreement.
3. This AUP helps and protects the Customer. Avaipng of Services by the Customer constitutes acceptance of this AUP.
4. All hosting services provided by XcellHost Cloud Services Pvt. Ltd. shall be used by the Customer for lawful purposes only, and as per the apppcable laws (including but not pmited to privacy laws). Transmission, usage, storage, or presentation of any information, data or material in violation of apppcable laws including the ‘banned contents’ is strictly prohibited. The ‘banned contents’ include but are not pmited to:-

    • Illegal Material Includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material that violates any apppcable law or regulation of any country, and any material that is perceived to be misleading in any manner.
    • Warez Includes, but is not pmited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and the pke, and encrypting of any of the above. It also includes any sites which provide “pnks to” or “how to” information about such material.
    • HYIP HYIP sites, or sites that pnk to or have content related to HYIP sites.
    • Proxy Any proxy set-ups or connections or any sort of activity through remote proxy connections on our hosting and/or in relation to our Colocation services.
    • IRC Hosts (Hosting an IRC server that is part of or connected to another IRC network or server) Servers, found to be (a) connecting to or (b) part of these networks;
    • Defamatory content any website content that makes a false claim, expressively stated or impped to be factual, or that may give an individual, business, product, services, group, government or nation a negative image.
    • Bit Torrents Use of software and scripts for “bit torrents” including sending or receiving files using these mechanisms.

5. Adult Content
XcellHost Cloud Services Pvt. Ltd. does not allow pornographic or sexually-exppcit images or any pictures/ video which are obtained illegally to be hosted on its servers.
6. Undertaking of the Customer
The Customer agrees and undertakes that.

    • Any attempt to undermine or cause harm to any of the servers of XcellHost Cloud Services Pvt. Ltd. is strictly prohibited. XcellHost Cloud Services Pvt. Ltd. shall take no responsibipty for the use of its cpents’ accounts by the Customer.
    • In case of abuse of the resources provided by XcellHost Cloud Services Pvt. Ltd., in any way, XcellHost Cloud Services Pvt. Ltd. reserves the unquapfied right to immediately deactivate the Customer’s account, without refund.
    • In case the Customer is, in any way, disrespectful towards any member of XcellHost Cloud Services Pvt. Ltd. or its staff, XcellHost Cloud Services Pvt. Ltd. shall have full right to terminate Customer’s account with it, without any refund.
    • XcellHost Cloud Services Pvt. Ltd. will use reasonable efforts to protect and backup data for its cpents / Customer on a regular basis, however, XcellHost Cloud Services Pvt. Ltd. does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the Customer is solely responsible for making back- up files in connection with its use of the Services. Any back-up which XcellHost Cloud Services Pvt. Ltd. may carry out will not include any media files which include (but are not pmited to) mp3, mpeg, wmv or any other video/audio files.
    • It shall be responsible for any misuse of its account and it must take steps to ensure that others do not gain unauthorized access to its account. It shall not use its account to breach the security of another account or attempt to gain un-authorised access to another network or server.
    • Its password provides access to its account and it is responsible to keep its password secure.
    • Sharing its password and account access with unauthorized users is strictly prohibited. It will take care and prevent others from using its account. It will be responsible for all consequences of others using its account.
    • Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of Services.
    • It shall adopt adequate security measures to prevent un-authorized use of its account.
    • It shall not attempt to circumvent user authentication or security of any host, network or account which includes but is not pmited to accessing data not intended for it, logging into or making use of a server or account. It is not expressly authorized to access, or probe the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Such tools shall include but are not pmited to password guessing programs, cracking tools or network probing tools.
    • It shall not attempt to interfere with services provided to any user, host or network or carry out DOS attacks which includes but is not pmited to “flooding” of networks, depberate attempts to overload a service, and attempts to “crash” a host.
    • Users who violate systems or network security may incur criminal or civil pabipty. XcellHost Cloud Services Pvt. Ltd. will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
    • It shall complete its own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services.

7. Materials and Products

    • XcellHost Cloud Services Pvt. Ltd. shall exercise no control whatsoever over the content of the information passing through the network or on the Customer’s websites.
    • Use of any information obtained by way of XcellHost Cloud Services Pvt. Ltd. is at the Customer’s own risk, and XcellHost Cloud Services Pvt. Ltd. specifically denies any responsibipty for the accuracy or quapty of information obtained through its services.
    • Connection speed represents the speed of connection to XcellHost Cloud Services Pvt. Ltd. and does not represent guarantees of available end to end bandwidth. XcellHost Cloud Services Pvt. Ltd. can only guarantee within its controlled network, availabipty of bandwidth to Customer’s subscribed Committed Information Rate”.

8. XcellHost Cloud Services Pvt. Ltd. is under no obpgation to edit, review or modify the contents of the Customer’s website. However, XcellHost Cloud Services Pvt. Ltd. reserves the right to remove any content on the Customer’s website without notice. For the avoidance of doubt, XcellHost Cloud Services Pvt. Ltd. shall not pro-actively monitor messages that are posted on the sites managed by
9. The Account of the Customer found to be using the Services for any of the purposes contained in Clause (IV) (i), above shall be terminated without any notice.
10. The first offense committed by the Customer in respect of Proxy as set out in Clause IV (iv), above will result in immediate suspension of their account. A second violation by the Customer in this regard will result in immediate termination of its account.
11. Servers found to be (a) connecting to, or (b) part of another IRC network or server will be immediately removed from XcellHost Cloud Services Pvt. Ltd. network, without notice. Such servers will not be reconnected to the network until such time that all traces of the IRC server are completely removed, and the Customer allows access to its server to confirm that the content has been completely removed.
12. Indemnity

    • The Customer agrees that it shall fully and effectively defend, indemnify, save and hold XcellHost Cloud Services Pvt. Ltd. harmless from any and all demands, pabipties, losses, costs, actions, proceedings, expenses (including legal expenses), pabipties and/or claims, howsoever suffered or incurred directly or indirectly by XcellHost Cloud Services Pvt. Ltd., its agents, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns (a) in connection with their use of the Services, and/or (b) as a consequence of the Customers breach or non-observance of its obpgations set out in this AUP.
    • The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against XcellHost Cloud Services Pvt. Ltd. arising from breach or breaches of its obpgations set out in this AUP. XcellHost Cloud Services Pvt. Ltd. may in its absolute discretion defend such claims and may compromise such claims without the consent of the Customer. The Customer shall provide XcellHost Cloud Services Pvt. Ltd. with the assistance necessary, or as required by XcellHost Cloud Services Pvt. Ltd., to defend such claims, at the Customer’s sole expense.

13. Amendment
Any amendment or modification of this AUP shall be effective only if it is in writing and duly signed by both the Parties.

The Website Owner, including subsidiaries and affiliates (“Website” or “Website Owner” or “we” or “us” or “our”) provides the information contained on the website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of the website.

Terms & Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern XcellHost Cloud Services Pvt. Ltd.’s relationship with you in relation to this website.
The term ‘XcellHost Cloud Services Pvt. Ltd.’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 209, Laxmi Plaza, Bldg. No. 9, Laxmi Industrial Estate, Andheri (W), Mumbai – 400053, MAHARASHTRA, INDIA. Our company registration number is [company registration number and place of registration]. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:

    • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
    • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
    • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
    • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
    • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
    • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

I. PREAMBLE

This Spam Policy pertains to all Websites owned or operated by XcellHost.in (hereinafter “XcellHost”). XcellHost subscribes to a strict “No Spam” Policy as exhibited and explained by this Policy. XcellHost will not profit from, nor allow anyone else to profit from Spam of any kind. XcellHost will terminate any and all relationships with any entity producing illegal Spam, and XcellHost will cooperate with law enforcement to see to it that illegal spammers are prosecuted to the fullest extent of the law.
A. Who should read and follow this Policy:
If you have any relationship, whatsoever, to XcellHost, you must, as a condition of a continued relationship with XcellHost read and familiarize yourself with this Policy and follow it in its entirety.
B. Parties addressed in this Policy:
The Parties addressed in this Policy are:

    • i. XcellHost, LLC d/b/a www.XcellHost.in which may also be referred to as “XcellHost.in” “COMPANY” OR XcellHost or “We, Us, or Our.”
    • ii. All Affiliates or members of the WebsiteS, __.com (“SITE”),
    • iii. Any other Affiliate(s), employee(s), contractor(s), servant(s), or agent(s) (“Affiliate” or “you/your”), of XcellHost. The existence of one of the aforementioned relationships to us neither creates nor implies the existence of another.

II. ZERO TOLERANCE FOR UNSOLICITED E-MAIL

We consider any Dissemination unsolicited commercial email (i.e., “spam”) to be STRICTLY PROHIBITED.
Although federal law allows the dissemination of unsolicited bulk email under certain, tightly regulated conditions, we have elected to impose a stricter, total spam ban policy, for all affiliates and promoters of this website. This means that Members are prohibited from engaging in any bulk email promotions to disseminate their profiles or any other information about www.XcellHost.in, regardless of how the recipient email addresses are acquired, generated or obtained. This also means that use of opt-in, double opt-in, or any form of email address recipient list is likewise prohibited, regardless of whether such activities are otherwise permitted by state or federal law.
Any violation of this strict Anti-Spam Policy will be grounds for immediate termination and forfeiture of all unpaid commissions or entitlement thereto. We reserve the right to audit and investigate compliance with the Anti-Spam Policy at any time, with or without notice.
We are committed to stemming the flow of Spam that is prohibited by law. However, our commitment to eliminating Spam goes much further than what the law requires. Spam, in all its forms, is annoying and burdensome, and is inconsistent with our corporate policies. Consistent with this commitment and our policies, we prohibit types of Spam that have not yet been contemplated by the law, including:

    • A. MySpace Spam.
    • B. Spim or instant messenger Spam.
    • C. Spamming of internet newsgroups.
    • D. Spamming on Craigslist or other classified services, except in areas designated for such use.
    • E. use of any personals service to Spam other members and
    • F. any other method of Spamming.

In short, if you are sending a message to a recipient who does not know you, in some capacity, you may not send any information about us. If you are posting an ad somewhere that has our company information in it, that ad must be “on topic” and properly listed.

III. INDEMNIFICATION

All affiliates, agents, employees or other promoters using any form of electronic commercial mail promotion in violation of this policy agree to indemnify and hold us harmless from any and all claims, charges, counts, debts, suits or other allegations arising from violations of the Act, or other applicable laws regulating transmission of commercial email. XcellHost shall provide immediate notice of any and all such claims, however the Site shall select its own attorneys to defend such claims, at the sole and exclusive expense of the affiliate, agent, employee or promoter responsible for the alleged violation.

IV. AUDITS

You agree to cooperate in periodic audits of any of your activity taken without any right to advance notice. In the event we request it, you agree to make available to us, any and all promotional materials and communications used to market our services or your profile or any other matters relating to XcellHost.in, within the last 2 years. You further agree to provide any information relating to such promotions, including but not limited to email addresses, lists, names, times & dates of transmission, IP addresses, servers, mail systems, software devices, compliance methods, and any other such information reasonable and necessary to conduct an audit of promotional activities. Failure to cooperate in such an audit shall constitute grounds for termination of our relationship, for cause.

V. ETC.

A. XcellHost.in will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay XcellHost.in liquidated damages of five-dollars ($5.00) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay XcellHost.in’s actual damages, to the extent such actual damages can be reasonably calculated, unless otherwise specified in this Agreement or the Site’s Spam Policy.
B. Stipulated Liquidated Damages

    • i. In various provisions in this Agreement, we have outlined liquidated damages amounts to be applied as penalties against You if You violate these specific provisions. You specifically agree to pay these amounts. In agreeing to pay liquidated damages, you acknowledge that this amount is not a penalty, that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
    • ii. For any breach of a portion of this Agreement that does not specifically state a liquidated damages amount, You hereby agree that any breach of this Agreement shall result in liquidated damages of $500 per occurrence. You specifically agree to pay this $500 in liquidated damages.
    • iii. If We are required to enlist the assistance of an Attorney or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of an Attorney to pursue injunctive relief against You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages or in order to seek injunctive relief from You. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.

WHAT ARE COOKIES?

Cookies are small text files containing a string of characters that can be placed on your computer or mobile device that uniquely identify your browser or device.

What are cookies used for?
Cookies allow a site or services to know if your computer or device has visited that site or service before. Cookies can then be used to help understand how the site or service is being used, help you navigate between pages efficiently, help remember your preferences, and generally improve your browsing experience. Cookies can also help ensure marketing you see online is more relevant to you and your interests.

What types of cookies does XcellHost Cloud Service Pvt. Ltd. use?
There are generally four categories of cookies: “Strictly Necessary,” “Performance,” “Functionality,” and “Targeting.” XcellHost Cloud Service Pvt. Ltd. routinely uses all four categories of cookies on the service. You can find out more about each cookie category below.

Strictly Necessary Cookies
These cookies are essential, as they enable you to move around the service and use its features, such as accessing logged in or secure areas.

Performance Cookies
These cookies collect information about how you have used the Service, for example, information related to the unique username you have provided, so that less strain is placed on our backend infrastructure. These cookies may also be used to allow us to know that you have logged in so that we can serve you fresher content than a user who has never logged in. We also use cookies to track aggregate service usage and experiment with new features and changes on the service. The information collected is used to improve how the service works.

Functionality Cookies
These cookies allow us to remember how you’re logged in, whether you chose to no longer see advertisements, when you logged in or out, the state or history of service tools you’ve used. These cookies also allow us to tailor the service to provide enhanced features and content for you and to remember how you’ve customized the service in other ways. The information these cookies collect may be anonymous, and they are not used to track your browsing activity on other sites or services.

Targeting Cookies
XcellHost Cloud Service Pvt. Ltd., our advertising partners or other third party partners may use these types of cookies to deliver advertising that is relevant to your interests. These cookies can remember that your device has visited a site or service, and may also be able to track your device’s browsing activity on other sites or services other than XcellHost Cloud Service Pvt. Ltd.. This information may be shared with organisations outside XcellHost Cloud Service Pvt. Ltd., such as advertisers and/or advertising networks to deliver the advertising, and to help measure the effectiveness of an advertising campaign, or other business partners for the purpose of providing aggregate service usage statistics and aggregate service testing.

How long will cookies stay on my device?
The length of time a cookie will stay on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.

First and third party cookies
First-party cookies are cookies that belong to XcellHost Cloud Service Pvt. Ltd., third-party cookies are cookies that another party places on your device through our Service. Third-party cookies may be placed on your device by someone providing a service for XcellHost Cloud Service Pvt. Ltd., for example to help us understand how our service is being used. Third-party cookies may also be placed on your device by our business partners so that they can use them to advertise products and services to you elsewhere on the Internet.

How to control cookies
Note that if you set your browser to disable cookies, you may not be able to access certain parts of our service and other parts of our service may not work properly.

Merchant business’ return and cancellation policy must be made available to customers on website and they have to agree to its terms during the order process. Customers have to click on an “Accept” or “Agree” for return and cancellation button before submitting their payment information. Then, once the order has been submitted, policy can be sent to customers with the order confirmation email.

Cancellation Policy

XcellHost Cloud Services Pvt. Ltd. believes in helping its customers as far as possible, and has, therefore, a liberal cancellation policy. Under this policy:

    • Cancellations will be considered only if the request is made within 72 hours of placing an order. However, the cancellation request will not be entertained if the orders have been communicated to the vendors/merchants and they have initiated the process of shipping them
    • There is no cancellation of orders placed under the Same Day Delivery category.
    • No cancellations are entertained for those products that the XcellHost Cloud Services Pvt. Ltd. marketing team has obtained on special occasions like Pongal, Diwali, Valentine’s Day etc. These are limited occasion offers and therefore cancellations are not possible.
    • XcellHost Cloud Services Pvt. Ltd. does not accept cancellation requests for perishable items like flowers, eatables etc. However, refund/replacement can be made if the customer establishes that the quality of product delivered is not good.
    • In case of receipt of damaged or defective consumer durable items and non durable items like mobile phones, mixer grinder, calculator etc, please report the same to our Customer Service team. The request will, however, be entertained once the merchant has checked and determined the same at his own end. This should be reported within 21 days of receipt of the products. For books, VCDs, DVDs, software products, the matter should be reported within 5 days.
    • In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to the notice of our customer service within 24 hours of receiving the product. The Customer Service Team after looking into your complaint will take an appropriate decision.
    • In case of complaints regarding products that come with a warranty from manufacturers, please refer the issue to them.

The Website Owner, including subsidiaries and affiliates (“Website” or “Website Owner” or “we” or “us” or “our”) provides the information contained on the website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of the website.

Terms & Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern XcellHost Cloud Services Pvt. Ltd.’s relationship with you in relation to this website.
The term ‘XcellHost Cloud Services Pvt. Ltd.’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 209, Laxmi Plaza, Bldg. No. 9, Laxmi Industrial Estate, Andheri (W), Mumbai – 400053, MAHARASHTRA, INDIA. Our company registration number is [company registration number and place of registration]. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:

    • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
    • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
    • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
    • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
    • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
    • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.