XenonCloud is proud to provide our customers with a variety of cloud hosting services, including Infrastructure as a Service (IaaS), cloud VPS, colocation services, managed virtual servers, and more. XenonCloud strongly discourages activities that may infringe on the rights of others, including but not limited to security violations, copyright violations, harassment, and violation of individual privacy rights. This Acceptable Use Policy (AUP) serves as notice that XenonCloud reserves the right to terminate or otherwise restrict use of any user’s account found to be in violation of any of XenonCloud's guidelines. This AUP may be revised from time to time to reflect additional protections put in place. Continued use of XenonCloud services constitutes acceptance of any revised or additional terms of this AUP.
If you do not agree to the terms of this agreement, please contact us by emailing
[email protected] so that we may initiate termination of the account. USE OF YOUR ACCOUNT shall constitute your approval of the AUP.
Definitions
You, Customer, Client, Subscriber, and User refer to the party utilizing XenonCloud services.
Personal Files
XenonCloud is not responsible for backups of users' personal files and information unless the Customer is specifically paying XenonCloud to do so. Additionally, XenonCloud reserves the right to delete any information pertaining to a user's account within a reasonable time that the user is no longer a customer of XenonCloud.
Domain Registration Fees
Domain Registration Fees are nonrefundable after five (5) days from the time of registration. If the customer requests a refund during the initial five (5) days, they will incur a $2.00 processing fee.
Network IP address assignments
Any network IP address assignments issued by XenonCloud are the property of XenonCloud and are considered to be loaned to the Client. In the event service with XenonCloud is discontinued for any reason, such addresses will revert to XenonCloud. Users shall not use IP addresses not assigned by XenonCloud.
No Warranties
XenonCloud makes no warranties of any kind, whether expressed or implied, for the service it is providing. XenonCloud also disclaims any warranty of merchantability or fitness for a particular purpose. XenonCloud will not be responsible for damages the customer suffers. This includes loss of revenue, loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
Contact Information
XenonCloud may need to communicate with its customers through email. It is the responsibility of the customer to furnish to XenonCloud the appropriate contact email address for such correspondence. It is the responsibility of the customer to check email sent to the primary login email address on the account. It is the responsibility of the customer to contact XenonCloud of any changes to their account, such as phone number, address, credit card information, etc. The customer will be required to provide verification for security purposes authorizing them to make any changes to that account.
Taxes
XenonCloud shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from the client or XenonCloud's server. The client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Termination
Termination of any account will only take place upon phone request or by email. XenonCloud can be reached 24 hours a day by emailing
[email protected].
Termination of any account will result in the immediate suspension of any and all services provided by XenonCloud. Upon termination, all outstanding invoices must be paid in full. Failure to do so may result in legal action.
XenonCloud reserves the right to terminate any account that violates the terms of this Acceptable Use Policy without notice. Additionally, XenonCloud may terminate any account for any reason, with or without notice, at its sole discretion.
Cloud Service Limitations
Users may not use the network for open proxies, CDN services, running Torrents or Seed Servers, TOR, cryptocurrency mining/generating, IRC or IRC bots, reselling services through their account to provide free bandwidth to others.
Prohibited Activities
To better ensure that XenonCloud accounts are not used for illegal/improper purposes, XenonCloud has delineated those activities that are deemed illegal or improper. Individuals who engage in the following activities may be subject to account termination or restrictions placed upon their accounts:
Obscene Materials/Speech
Using XenonCloud’s network to store or disseminate or otherwise make available child pornography is expressly prohibited. Any account found in violation of this prohibition will be terminated. XenonCloud is required by Federal law to notify law officials when it becomes aware of child pornography on its network.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet is prohibited.
Any individuals who are responsible for assigned IP addresses being added to a Realtime Blackhole List will incur a $50.00 clean-up fee per affected IP, which is neither negotiable nor refundable. Maintaining an open SMTP relay, or using SMTP services for spam or other malicious purposes, is prohibited.
Intellectual Property Violations
Engaging in any activity that may violate the intellectual property rights of another is prohibited. Protected intellectual property rights include, without limitation, copyrights, trademarks, service marks, software piracy, trade secrets, patents held personally and by corporate entities. XenonCloud is required by law to comply with orders to restrict accounts that have been found to violate the intellectual property rights of others.
Licensing
All software used on our services must be properly licensed and be in compliance with laws of the geography where the software is being used.
For customers that license Microsoft software products via Physical CPU count, CPU Core count, Subscriber Access License (SAL), Client Access License (CAL) or any other licensing models through XenonCloud, you agree to acquire the correct amount of licensing in correlation with the accepted licensing model and Microsoft’s Service Provider License Agreement (SPLA) software licensing standards.
XenonCloud reserves the right to refuse to provide services to anyone at any time, for any reason, at its sole discretion.
