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By purchasing a server from HOSTXLS.com (We, Us, Our), You (Customer) agree to these terms and conditions (“Server T&C”). The provisions contained in the Server T&Cs incorporate and are supplemental to HOSTXLS’ General Terms and Conditions of Service (“GT&C”), by which you are also bound.

1. GENERAL SERVER TERMS

1.1. Your Obligations

1.1.1. Data Backup Obligations
You are obliged to back up Your data in accordance with Our GT&C.

1.1.2. Obligation to Inform

If You have reason to believe that a third party is using Your platform or web space without authorization, You are obliged to inform us immediately.

1.1.3. Fair Play Obligations

You agree to neither offer nor disseminate copyrighted content without authorization. You agree to not use P2P exchanges, download services or streaming services over which copyrighted materials might be illegally disseminated. You agree to not provide links that point to P2P exchanges, download services, streaming services or their contents.

1.1.4. Crypto Mining

You agree not to use the resources and servers provided by HOSTXLS to mine cryptocurrencies. 

1.1.5. Liability

Importing and installing operating systems, images and other external content is done at your own risk. We assume no liability for third party content and applications and damage resulting from the installation and use of third party materials.

1.1.6. Obligations to Co-operate

You agree to follow the technical instructions provided by Us.
You agree to co-operate and follow HOSTXLS’ instructions regarding software upgrades for the purposes of maintaining the security and stability of the services provided.
We accept no liability for the consequences resulting from failure to do so.

1.1.7. License Obligations

You agree to fulfill all the license requirements, including those from third parties.
You must remain in possession of the required original software licenses. We may request proof of licenses at any time.
With regard to any third-party licenses for software programs that We use for its cloud platform You acknowledge that the trademarks and other intellectual property rights belong to the third parties.

1.2. Our rights

1.2.1. Migration Rights

We have the right, if so required, to migrate Your server, the server software or parts for technical or security reasons (e.g. end of life of the software, end of support).
We reserve the right to offer a different version of the application that We consider most appropriate and to modify the available applications, at any time in line with new versions or in cases where weaknesses are detected. These changes will be published in Your control panel.

1.2.2. Access and Cancellation Rights

We reserve the right to disconnect the server from the network without prior notice, if You have breached Your obligations. You will be notified if such action is taken.
If You have breached Your obligations, We reserve the right to cancel your contract without notice.

2. SPECIAL SERVER TERMS

2.1. Value Server

2.1.1. Subject of the Agreement

2.1.1.1. The Value Server is a server with administration rights. It requires sound knowledge of administering server systems.

2.1.1.2. We have no administrative access to the server.

2.1.2. Your Obligations

2.1.2.1. As a server administrator, You are solely responsible for securing the server against any unwanted attacks and manipulation by third parties.

2.1.2.2. You alone are responsible for updating the operating systems and application software installed on the server at your own cost and risk.

2.1.2.3. You are responsible for installing reliable security software and keeping it updated to prevent hackers from abusing insufficiently secured or “open” networks.

2.1.2.4. You agree to configure your programs to automatically restart when the hardware or operating system restarts.

2.2. Dedicated Hosting

2.2.1. Subject of the Agreement

2.2.1.1. The Dedicated Hosting Server is a server without administration rights. It is provided to you with a pre-installed operating system and a pre-installed stack.

2.2.1.2. HOSTXLS has administrative access to your server. Your server is managed and administered automatically. You therefore cannot make any custom changes.

2.3. Dedicated Server

2.3.1. Subject of the Agreement

2.3.1.1. The Dedicated Server is server with administration rights. It requires sound knowledge of administering server systems.

2.3.1.2. We have no administrative access to the server.

2.3.2. Your Obligations

2.3.2.1. As a server administrator, You are solely responsible for securing the server against any unwanted attacks and manipulation by third parties.

2.3.2.2. You alone are responsible for updating the operating systems and application software installed on the server at your own cost and risk.

2.3.2.3. You are responsible for installing reliable security software and keeping it updated to prevent hackers from abusing insufficiently secured or “open” networks.

2.3.2.4. You agree to configure your programs to automatically restart when the hardware or operating system restarts.

2.3.3. Fee

2.3.3.1. Billing is handled in the Cloud Panel. In contrast to the Value Server, this server is billed down to the minute.

2.3.4. $100 credit for all Dedicated Server packages

2.3.4.1. $100 + sales tax credit is applicable for Dedicated Server packages only.

2.3.4.2. Offer applies to new customers only.

2.3.4.3. The offer shall be employed in the form of a credit being applied to the first invoice issued, up to a maximum total value of $100 + sales tax.

2.3.4.4. Usage charges exceeding the maximum credit value of $100 + sales tax will be collected via the normal payment method stored within your HOSTXLS account.

2.3.4.5. Any unused balance after the first 30 days will be cancelled, and will not be redeemable against subsequent invoices.

2.3.4.6. This offer cannot be used in conjunction with any other offers.

2.3.4.7. Offer available for a limited period only.

2.3.4.8. We reserve the right to change or end this special offer at any time and without notice.

2.3.5. Our Rights

2.3.5.1. Access Rights

2.3.5.1.1. Access to the Dedicated Server is limited to You and the persons You have authorized. We have no regular access to the content of Your server. In particular, We have no administrative access to Your server.

2.3.5.1.2. In order to resolve technical incidents, We may remotely access the physical server, therefore, we may have access to Your content. In this case, suppliers shall only be permitted to perform the work that is required to resolve the incident.

2.3.5.2. Cancellation of Contract after 6 Months of non-use

2.3.5.2.1. We reserve the right to cancel the cloud platform if You have not purchased or consumed any resources for a period of greater than six months.

2.4. Cloud Server

2.4.1. Subject of the Agreement

2.4.1.1. The Cloud Server is a server with administration rights. It requires sound knowledge of administering server systems.

2.4.1.2. Each Cloud platform has its own management and configuration and is operated independently of your other cloud platforms. No data or resources can be shared between different cloud platforms.

2.4.2. Your Obligations

2.4.2.1. As a server administrator, You are responsible for securing the server against unwanted attacks and manipulation by third parties.

2.4.2.2. You alone are responsible for updating the operating systems and application software installed on the server at your own cost and risk.

2.4.2.3. You are responsible for installing reliable security software (e.g. a firewall and antivirus programs) and keeping it updated to prevent hackers from abusing insufficiently secured or “open” networks.

2.4.2.4. You agree to configure your programs to automatically restart when the hardware or operating system restarts.

2.4.3. Our obligations 

2.4.3.1. We shall, if technically possible, provide the Cloud Server with Your chosen operating system.

2.4.4. Our rights

2.4.4.1. Access Rights

2.4.4.1.1. Access to the Cloud Server is limited to You and the persons You have authorized. We have no regular access to the content of Your virtual server. In particular, We have no administrative access to Your virtual server.

2.4.4.1.2. In order to resolve technical incidents, We may remotely access the physical servers on which the Cloud Server is located and, therefore, we may have access to Your content. In this case, suppliers shall only be permitted to perform the work that is required to resolve the incident.

2.4.4.2. Cancellation of Contract after 6 Months of non-use

2.4.4.2.1. We reserve the right to cancel the cloud platform if You have not purchased or consumed any resources for a period of greater than six months.

2.4.4.3. Temporary Interruption of the Service

2.4.4.3.1. The Cloud Server forms part of a complex hardware platform that manages all of the servers that share the infrastructure. We reserve the right partially or completely interrupt provision of the service in the case of:
•    Excessive consumption of resources;
•    Other disruptions that can be traced to You that are observed to be impairing the performance of the platform on which the resource is located-infringing on the rights of third parties that share the infrastructure.

2.4.4.3.2. In such cases, We shall notify You so that You can resolve the issue in question. During this time, We will temporarily suspend provision of the service. Should the problem occur again after the service is restored We reserve the right to cancel Your Cloud service without notice.

2.4.5. Fees

2.4.5.1. You pay the fees for the resources You purchase and consume each month on the cloud platform. Payment is due at the end of each month. You may view the actual and estimated consumption of cloud platform resources in your Cloud Panel. The estimated consumption is only a forecast. The actual fee is the fee listed on the invoice at the end of the month for the resources actually consumed.

2.4.5.1.1. If you have chosen a Pre-configured package and you deactivate (note: not delete) Your VM, You have to pay for all Your resources. When choosing a flexible configuration and You deactivate Your VM You’re not paying for CPU and RAM but You’re charged for SSD.

2.4.5.2. Fixed Costs

2.4.5.2.1. Additional fees for fixed resources will also apply, for example domain names, SSL certificates, software licenses or storage space assigned to a specific hard disk on your server.

2.4.5.2.2. If resources with fixed consumption are disabled before the end of a pre-paid period, no refund will be given for the portion not consumed.

2.4.5.3. Increase/Reduction of Resources

2.4.5.3.1. All resources, as well as any increase or decrease thereof, take effect immediately in the technical system. The costs are billed on the next invoice for the cloud platform.

2.4.5.4. Network Transfers

2.4.5.4.1. We reserve the right to reduce Your bandwidth if You use it excessively.

2.5. VPS

2.5.1. Subject of the Agreement

2.5.1.1. The Virtual Private Server is a server with administration rights. It requires sound knowledge of administering server systems.

2.5.1.2. The service allows You to operate a single virtual server, with performance characteristics that depend on the server model chosen by You from Our range of models.

2.5.1.3. Each Virtual Private Server forms a standalone system with its own management and configuration, and is operated independently of Your other cloud platforms.

2.5.1.4. The number of VMs is limited, servers cannot be added or removed, API access is not possible, shared memory is not provided, there is no load balancing or VPN, and the ability to create new users or share data or resources across different cloud platforms is very limited. The data center in which the virtual server is operated by Us can be selected only at the time the service is ordered and cannot be changed afterwards.

2.5.2. Your Obligations 

2.5.2.1. As a server administrator, You are responsible for securing the server against unwanted attacks and manipulation by third parties.

2.5.2.2. You alone are responsible for updating the operating systems and application software installed on the server at your own cost and risk.

2.5.2.3. You are responsible for installing reliable security software and keeping it updated to prevent hackers from abusing insufficiently secured or “open” networks.

2.5.2.4. You agree to configure your programs to automatically restart when the hardware or operating system restarts.

2.5.3. Our Obligations

2.5.3.1. HOSTXLS shall provide the Virtual Private Server with the customer’s chosen operating system, if this is technically possible.

2.5.4. Our Rights

2.5.4.1. Access Rights

2.5.4.1.2. Access to the Virtual Private Server is limited to You and the persons You have authorized. We have no regular access to the content of Your virtual server. In particular, We have no administrative access to Your virtual server.

2.5.4.1.3. In order to resolve technical incidents, We may remotely access the physical servers on which the Virtual Private Server is located and, therefore, we may have access to Your content. In this case, suppliers shall only be permitted to perform the work that is required to resolve the incident.

2.5.4.2. Cancellation of Contract after 6 Months of Disuse

2.5.4.2.1. We reserve the right to cancel the cloud platform if You have not purchased or consumed any resources for a period of greater than six months.

2.5.4.2.2.1. The Virtual Private Server forms part of a complex hardware platform that manages all of the servers that share the infrastructure. We reserve the right partially or completely interrupt provision of the service in the case of:
•    Excessive consumption of resources;
•    Other disruptions that can be traced to You that are observed to be impairing the performance of the platform on which the resource is located-infringing on the rights of third parties that share the infrastructure.

2.5.4.2.2.2. In such cases, We shall notify You so that You can resolve the issue in question. During this time, We will temporarily suspend provision of the service. Should the problem occur again after the service is restored We reserve the right to cancel Your Virtual Private Server service without notice.

2.5.5. Fee

The contract fee consists of a monthly base fee charged in advance and a variable amount billed retroactively over the previous monthly period.

2.6. WordPress (WP) Pro

2.6.1. Subject of the Agreement

2.6.1.1. WP Pro is a cloud server. This server contains a CPU, RAM and disk space, which HOSTXLS makes available to you for the duration of your contract.

2.6.1.2. WP Pro is a server without administration rights. It is provided to you with a pre-installed operating system and a pre-installed stack.

2.6.1.3. HOSTXLS has administrative access to your server. Your server is managed and administered automatically. You therefore cannot make any custom changes.

2.6.2. Our Obligations for the Pre-installed operating system and pre-installed stack

2.6.2.1. We provide you with the platform required for Your WordPress application and updates it as necessary. The platform includes the operating system and all requested services.

2.6.3. Your Rights and Obligations for the Pre-installed stack

2.6.3.1. You are entitled to adjust Your own source code and to customize the database associated with the application. You can configure the application as desired.

2.6.4. Rights of HOSTXLS

2.6.4.1. Access Rights

2.6.4.1.1. In order to resolve technical incidents, We may remotely access the cloud servers on which the WP Pro is located and, therefore, we may have access to Your content. In this case, suppliers shall only be permitted to perform the work that is required to resolve the incident. There may be temporary interruption of the service during this time.

2.7. Cloud Backup

2.7.1. Subject of the Agreement

Cloud Backup allows you to back up your server and device data. You can activate the Cloud Backup at any time in your existing Cloud Panel via the Backup section or alternatively purchase it as a standalone solution via HOSTXLS with a new Cloud Panel. You pre-select the location of the data center when you activate your Cloud Backup. You always configure your backup plan individually according to your needs.

2.7.2. Your obligations

You are solely responsible for the activation, configuration and management of the backups. Access and use of Cloud Backup is also your sole responsibility. You are also responsible for the security of the backups against unwanted access and manipulation by third parties via the Internet. Furthermore, the content stored by the client in the backups, errors caused by access providers, contamination by viruses in the backups or damage due to incorrect configuration are your responsibility.

2.7.3. Our Obligations

HOSTXLS provides you with the platform you need for your Cloud Backup and updates it when necessary. HOSTXLS is not responsible for the loss or accidental deletion of data contained in the backups. Similarly, HOSTXLS does not guarantee the replacement of this data. In no event shall HOSTXLS be liable for any loss of data, business interruption or other damages resulting from the operation of the cloud backup product and/or failure to meet the customer’s expectations.

2.7.4. Our Rights

2.7.4.1. Access Rights

Access to the Cloud Backup is limited to you and persons authorized by you. HOSTXLS has no way to determine the content or configuration of your backups. In particular, HOSTXLS has no administrative access to your Cloud Backup.
In accordance with the regulations on the protection of personal data, HOSTXLS informs you that, in exceptional cases and in order to resolve technical malfunctions, the technical providers of some products may need to access the physical servers on which your Cloud Backup is located by remote control. In this case, the providers are only allowed to perform the work necessary to fix the problems. They may not use this work or the data they access for any other purpose. This information shall be provided only to the manufacturer or authorized reseller for the sole purpose of reviewing the software and monitoring compliance with these terms and conditions in connection with the product.

2.7.4.2. Cancellation of Contract after 6 Months of non-use

2.7.4.2.1. We reserve the right to cancel the cloud platform if You have not purchased or consumed any resources for a period of greater than six months.

2.7.5. Overview of use

The day-based usage overview (one calendar day between 00:00 and 23:59) is located in the Cloud Panel. Please note that the current actual usage is shown in the backup console. Since the calculation of the used storage space is delayed, there may be temporary differences between the usage overview in the Cloud Panel and the backup console.

2.7.6. Fees

You have the choice between the Cloud Backup of a specific size at a fixed price or the Cloud Backup Flex. The current prices of each package can be found on the website or in the Cloud Panel under the Backup section.

In case of cancellation of the product due to non-payment, all associated data, including backups, will be deleted. HOSTXLS will not be responsible for any loss of data that may occur as a result of the cancellation of the product for non-payment.

2.7.6.1. Fees according to consumption

Cloud Backup Flex is billed according to usage. The invoice amount is based on the amount of GB used as well as the number of devices with booked add-ons and will be debited from your Payment Account after the end of the respective month.

2.7.6.2. Fees according to fixed price

If you have decided on a Cloud Backup package at a fixed price, you will be invoiced for the corresponding package on a monthly basis. This is independent of whether you have used the entire storage space or not.

Once your package has been used up and your backup plan is configured accordingly, further backups are automatically created and stored. If the selected package size is exceeded, the costs for the additional consumption will also be invoiced. The cost for each additional gigabyte per month can be found in the Cloud Panel or on the website.

2.8. MyDefender

2.8.1. Subject of the Agreement

MyDefender allows you to backup the data of your devices such as smartphones, tablets and computers. You can choose between different MyDefender package sizes, each of which allows for a different number of end devices to be backed up. You can find the respective package sizes and included storage limits on the website. MyDefender does not allow you to backup servers. You can purchase MyDefender as a standalone solution through HOSTXLS with a standalone Cloud Panel. In this case, you pre-select the data center location when activating your cloud backup. You can always configure your backup plan individually according to your needs.

2.8.2. Your Obligations

You are solely responsible for the access and use of MyDefender, including but not limited to activating, configuring, and managing backups as well as securing the backups against unwanted access and manipulation by third parties. Without limitation, HOSTXLS disclaims any liability for the contents stored by the client in the backups, errors caused by access providers, contamination by viruses in the backups or damages due to incorrect configuration, or the loss or accidental deletion of the data contained in the backups, whether by you or otherwise. HOSTXLS does not guarantee the replacement of this data. In no case will HOSTXLS be responsible for any loss of data, interruption of service or any other damage caused by or related to the MyDefender service or failure of the product to meet the Customer’s expectations.

2.8.3. Our Obligations

Subject to the terms of the Agreement, HOSTXLS will provide you with the platform required for your MyDefender and update it if necessary. 

2.8.4. Our Rights

2.8.4.1. Access Rights

Access to MyDefender is limited to you and people authorized by you. HOSTXLS has no way to determine the content or configuration of your backups. In particular, HOSTXLS has no administrative access to your MyDefender.

HOSTXLS, its employees, and its service providers may, from time to time, remotely access the physical servers on which your MyDefender is located. In this case, the providers are only allowed to perform the work necessary to fix the problems and they may not use this work or the data they access for any other purpose. Such information shall be provided only to the service provider for the sole purpose of maintaining or testing the MyDefender Software and verifying compliance with these Server T&C.

2.8.4.2. Cancellation of Contract after 6 Months of Non-Use

2.8.4.2.1. We reserve the right to cancel the cloud platform if You have not purchased or consumed any resources for a period of greater than six months.

2.8.5. Overview of use

The day-based usage overview (one calendar day between 12:00 AM and 11:59 PM) is located in the Cloud Panel. Please note that the current actual usage is shown in the backup console. Since the calculation of the used storage space is delayed, there may be temporary differences between the usage overview in the Cloud Panel and the backup console.

2.8.6. Fees

You can choose between different MyDefender package configurations. You can find the current prices of each package on the website.

In case of termination of the product for any reason, including but not limited to non-payment, all related data, including backups, will be deleted. Without limitation, HOSTXLS will not be responsible for any loss of data that may occur as a result of the cancellation of the product for non-payment.

2.8.6.1. Fees according to consumption

Usage in excess of the storage quantities included in the package will be charged additionally according to consumption. The invoice amount is based on the number of gigabytes used and will be debited from your Payment Account at the end of each month.

2.8.6.2. Fees according to fix price
The fees for your chosen package size will be charged monthly at a fixed price. This is regardless of whether you have used any or all the storage space allocated to you.

For packages with a fixed backup capacity, if the storage space allocated to your package is used up further backups will be created and stored automatically. In the event that the selected package size is exceeded, the cost of the additional usage will also be charged. The cost of each additional  gigabyte  per month can be found on the Cloud Panel.

You expressly agree and acknowledge that, except as modified by these Server T&C, your use of the Service is subject to the entirety of the GT&C, including but not limited to those sections governing HOSTXLS’s limitation of liability for the Service, your indemnification obligations, and the provisions requiring mandatory arbitration of any disputes relating to the Service. The GT&C may change from time to time, and you agree to be bound by any such modifications if you continue to use the Server services. We recommend that you review the GT&C before you use or renew the Server services.