Terms & Conditions of Use
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web hosting, Domain Registrations and other Internet-related services provided by XANTEC SOLUTIONS SDN BHD (the “Services”). As used in this Agreement, “XANTEC SOLUTIONS” means XANTEC SOLUTIONS and “Client”, “you”, or “your” means you. By clicking on the “Submit Order” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the XANTEC SOLUTIONS site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “XANTEC SOLUTIONS Site” refers to the Site located at the URL http://www.xantec.com.my or any other successor Sites owned or maintained by XANTEC SOLUTIONS.
In addition to the following, the Acceptable Use Policies provide more detailed information regarding what is acceptable use of our products and services.
Appropriate Use of the Services
XANTEC SOLUTIONS provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.
Client Content
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any XANTEC SOLUTIONS server in connection with Client’s use of the Services which:
- violate any state, federal or foreign laws or regulations;
- infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of XANTEC SOLUTIONS or any third party;
- are defamatory, slanderous or trade libelous;
- are threatening or harassing; are discriminatory based on gender, race, age or promotes hate violate any XANTEC SOLUTIONS policy posted on the XANTEC SOLUTIONS site including but not limited to those listed in our Terms of Service (TOS).
- contain viruses or other computer programming defects which result in damage to XANTEC SOLUTIONS or any third party.
Disk Space
Web Hosting Accounts : Client may occupy only the amount of disk space on the XANTEC SOLUTIONS Server that is allotted by XANTEC SOLUTIONS. Additional fees, specified in the hosting plans, will be charged for exceeding the disk space. Disk space measurement includes all customer content and generated content from their web site and includes but is not limited to MySQL data, Mailing List data and data in /home/user directories for virtual accounts. XANTEC SOLUTIONS is not responsible for measurements provided by individual control panel software, which is 3rd party software not controlled by XANTEC SOLUTIONS, which may or may not include all of the customer data in their measurements.
Licensed Software Only : Client agrees to use only properly licensed third party software in connection with Client’s use of the services.
Back-up Files and Processing : Shared Hosting Clients will have the ability to reinstate files which are automatically archived by XANTEC SOLUTIONS upon request for a minimal fee; however, XANTEC SOLUTIONS does not guarantee the existence, accuracy, or regularity of its backup services, and therefore, Client is responsible for making back-up files in connection with its use of the services. The accuracy and quality of backup processes provided by 3rd party software, such as the individual 3rd party control panels, is not guaranteed by XANTEC SOLUTIONS.
Termination
XANTEC SOLUTIONS reserves the right to refuse service to anyone. XANTEC SOLUTIONS, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the services, please contact abuse@xantec.com.my.
Payment Obligations
Service Fees : Where an invoice is delivered to Client, Client shall remit payment to XANTEC SOLUTIONS by no later than 7 days after the specified payment due date. XANTEC SOLUTIONS shall be entitled to immediately terminate this Agreement for Client’s failure to make timely payments to XANTEC SOLUTIONS. Certain services carry a set-up fee charged by XANTEC SOLUTIONS to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to XANTEC SOLUTIONS and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, unless a contract is in place, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid XANTEC SOLUTIONS for such Services, only 70% refunds will be issued for any unused full month month portions less one month of the Services upon Clients request. Therefore, if Client’s account is canceled at any point during the one (1) year term, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.
Late Payments : Any payment not received within twenty (20) days of the invoice date, will be assessed a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with minimum of a USD $5.00 fee. Customer also shall pay to XANTEC SOLUTIONS all expenses incurred by XANTEC SOLUTIONS in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable attorneys’ fees and the fees of any collection agency retained by XANTEC SOLUTIONS. Late Fees will continue to accrue as long as there is an outstanding balance.
Returned Item Fee : Accounts with returned checks and/or e-checks will be assessed a USD $15.00 returned item fee.
Taxes : Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
Chargebacks : If we receive a chargeback or payment dispute from a credit card company or bank, your service and/or project will be suspended without notice. A USD $200 chargeback fee, plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, please contact us to address any billing issues.
Domain Names : If Client chooses to register a domain name(s) through XANTEC SOLUTIONS, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. XANTEC SOLUTIONS does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
Inode Usage
An inode is a data structure used to store all the information about the files on your hosting account, which include emails, files, folders and everything you upload, create or store on the server.
The number of inodes indicates the number of files and folders you have. For example, shared and reseller servers only allow 150,000 files per cPanel account. This number is the “Soft Limit”, i.e. you will still be able to upload files once the limit is reached.
As for a hosting account, the limit is currently 250,000. If your account exceeds 250,000 files, a notification email will be sent to you and you will be required to clean the excessive inode number within one week. Although exceeding the limit is in violation of our Terms of Service and can result in possible suspension, shared hosting account holders should not be too worried as most shared hosting accounts inode usage is still way below the limit.
VPS accounts are limited to 1,000,000 inodes. In other words, you will be unable to upload files to your account once the threshold is reached.
Dedicated servers however, have no inode limitation. Its total inode usage depends on the file system of the server.
To reduce the inode counts, you only need to delete the files or emails you no longer need. Alternatively, you could also download the emails to your local system.
Lastly, TOS Inode violations also include (however not limited to) continuously publishing and deleting large number of files (i.e. 10,000+) without pre-approval.
Term, Termination & Reinstatement
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a year-to-year basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party.
If XANTEC SOLUTIONS suspends a virtual account for non-payment, Client shall be allowed to re-instate Client’s use of the Services within Five (5) business days of cancellation upon approval from XANTEC SOLUTIONS and full payment of balances due. A reinstatement fee of $15.00 will be applied.
If a Client terminates their account, XANTEC SOLUTIONS will disable the server/account the day the client specifies the account is canceled. XANTEC SOLUTIONS will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.
Taxes
Client will pay and indemnify and hold XANTEC SOLUTIONS harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
Disclaimer of Warranty
THE SERVICES, THE XANTEC SOLUTIONS SDN BHD SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE XANTEC SOLUTIONS SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. XANTEC SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XANTEC SOLUTIONS SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
Limitation of Liability
IN NO EVENT SHALL XANTEC SOLUTIONS SDN BHD BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE XANTEC SOLUTIONS SITE OR ANY XANTEC SOLUTIONS PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL XANTEC SOLUTIONS CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
Miscellaneous
Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
- If to XANTEC SOLUTIONS SDN BHD :
17-02 Jalan Austin perdana 2/22,
Taman Austin Perdana,
81100 Johor Bahru, Johor, Malaysia. - If to Client :
Name and address provided for account setup.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by XANTEC SOLUTIONS. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of the Malaysia, except with regard to it’s conflict of law rules. This Agreement and XANTEC SOLUTIONS’s policies are subject to change by XANTEC SOLUTIONS without notice. Continued usage of the Services after a change to this Agreement by XANTEC SOLUTIONS or after a new policy is implemented and posted on the XANTEC SOLUTIONS Site constitutes your acceptance of such change or policy. We encourage you to regularly check the XANTEC SOLUTIONS Site for any changes or additions.