Xenyo Hosting is part of Xenyo Limited , a web technology services provider incorporated in Hong Kong.

The use of Xenyo Hosting’s service(s) constitutes an unconditional acceptance of and agreement to the terms stipulated in this Terms of Service, including our Acceptable Use Policy (AUP). Xenyo Limited reserves the right to change or modify the TOS at any time without notice by posting the new agreement or policies. These modifications will become effective immediately. Your continued use of the site and or services indicates your understanding and agreement with our terms; therefore, it is your responsibility to review the TOS regularly. If you sign up for an account and fail to comply with these terms, no refunds will be given.

Acceptable Use Policy

Client hereby acknowledges that it has reviewed the Acceptable Use Policy (the “AUP”) and agrees to use the service in compliance with the AUP. Client agrees that Xenyo Limited may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Client’s use of the Services.

Client agrees to cooperate with Xenyo Limited’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Xenyo Limited and Client regarding the interpretation of the AUP, Xenyo Limited’s commercially reasonable interpretation of the AUP shall govern.  In the event Xenyo Limited takes corrective action due to a violation of the AUP, Xenyo Limited shall not refund to Client any fees paid in advance of such corrective action.

Violations of these Acceptable Use Policies should be referred to abuse@xenyohosting.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation

Lawful Use

All services provided by Xenyo Limited may be used for lawful purposes only. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Xenyo Limited from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Xenyo Limited’s servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• pirated software
• hacker programs or archives
• Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY AND WITHOUT NOTICE. ADDITIONALLY, XENYO LIMITED WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the Xenyo Hosting services, please send your written notice of copyright infringement to:

Ref: Copyright Infringement
Xenyo Limited
Rm 808 Apec Plaza,
49 Hoi Yuen Road,
Kwun Tong
Hong Kong
Email: abuse@xenyohosting.com

Your notice must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Xenyo Limited to locate the material;
• Information reasonably sufficient to permit Xenyo Limited to contact you, such as an address, telephone number, and, if available, an e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Bandwidth Usage

Hosting service plans may have bandwidth usage limits. We realize that from time to time, a Client may have unanticipated circumstances which cause their web sites to exceed this limit. In such cases, such overages may result in temporary suspension of service. Should this occur, Xenyo will first make every effort to contact you to prevent any unexpected service interruptions.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Xenyo Limited is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Xenyo Limited must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing

By the payment due date of a service, Xenyo Limited shall either:

1. debit the client’s credit card (when such information has been provided by the client); or

2. deliver, by e-mail or regular mail, payment notifications and invoice in accordance with the applicable Service Fees for services rendered for that month’s service or whichever is the selected billing cycle. When an invoice is delivered to the client, payment shall be remitted to Xenyo Limited by no later than the specified payment due date. Xenyo Limited shall be entitled to immediately terminate this agreement for client’s failure to make timely payments.

All credit cards are billed automatically on the payment due date. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees

Certain services carry a setup fee charged by Xenyo Limited to client, which must be paid by client in order to have use of said services.

Xenyo Limited may temporarily deny or terminate service upon the failure of the client to pay the Service Fees when due. Such termination or denial will not relieve the client of responsibility for the payment of all accrued charges and any collection fees.

Service Cancellation

A clients may cancel his services at any time online via his account control panel (https://my.xenyohosting.com) or by submitting a ticket. The cancellation will take place within 24 hours and the subscriber’s account will remain active until the end of that month’s service or whichever is the selected billing cycle.

Backups

For Shared Hosting Servers, Xenyo Limited store on a temporary basis backups which are intended for our disaster recovery. We have the right, but not the obligation, to make backup copies of the data you upload to our Shared Hosting servers.
Xenyo Limited does not provide backup restore service unless agreed to via separate agreement (typically our engineer’s man hour rates are 600HKD/Hr).
For our VPS Services, Xenyo Limited have the right, but not the obligation, to make backup copies of the data you upload to our VPS Hosting servers. Please ensure that you perform your own backups or subscribe to our backup services if you require backups for VPS services.

Xenyo Limited cannot guarantee that the contents of a Website will never be deleted or corrupted, or that a backup of a Website will always be available, accurate or complete. The Client shall have sole responsibility for undertaking measures to maintain independent archival and backup copies of your content.

All Backups are provided “As-Is,” and are subject to the disclaimers of warranties and limitation of liability set out herein.

Limitation of Liability

Xenyo Limited shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Xenyo Limited ‘ servers going off-line or being unavailable for any reason whatsoever. Furthermore, Xenyo Limited shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Xenyo Limited ‘ servers.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF XENYO LIMITED AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.

Disclaimer

Xenyo Limited cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Xenyo Limited are resold. Thus, certain equipment, routing, software and programming used by Xenyo Limited are not directly owned or written by Xenyo Limited. Moreover, Xenyo Limited holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Xenyo Limited sees fit.

99.9% Uptime Service Level Agreement

We are proud to announce our 99.9% Uptime SLA guarantee as a reassurance of our service and uptime. For whatever reason, if in the rare case that you encounter any excessive unscheduled downtime of your service, you are entitled to a pro-rated credit or refund.

In any given month, if your Shared Hosting or VPS Hosting Service is down for more than 0.1%, you may request a pro-rated credit for the down-time. Pro-rated refunds are issued if customer does not retain any active service and they are specifically requested

All credit or refund requests must be sent via email to Xenyo Hosting’s billing department no later than the tenth (10th) day of the month following the SLA (as that term is defined below) violation. Credits & refunds are issued based on the uptime for the previous calendar month only and requests not submitted within the required time frame cannot be approved.

Please be noted that occasional and scheduled server or network maintenance is exclusive of this SLA. Server or network regular maintenance, which may result in downtime for some extreme cases, is necessary to keep general hosting environment healthy. In all but the most urgent cases, we will inform clients by email at least two hours before the work and the downtime in this case would not be covered by our SLA.

The following circumstances are not eligible for the SLA and are specifically excluded from our Uptime Guarantee:

(1) Adverse network conditions across the internet (outside of our network), such as the network problems between your ISP and our data center
(2) DDoS or other attacks on our servers
(3) Problems with Your ISP’s network
(4) Browser or DNS caching issues
(5) Any other circumstance beyond our reasonable control.

7 Day Money Back Service Level Agreement

If you are unsatisfied with our services or for any personal reason, you might cancel within 7 working days for the first month you started to use our service. and we would refund you the full money you paid on the next month

7 Days Money Back Guarantee is applicable to below service:
(1)All VPS Hosting Plans
(2)All Linux Shared hosting Plans