While connected to or using any server or service in relation to Xi Shells Data Communications you must abide by these following rules. Your failure to abide by these rules will result in consequences that are described below.

Basic Definitions:

1. "we," "us," "our," and "Xi Shells" mean Xi Shells Data Communications and its affiliates doing business as Xi Shells;
2. "you," "your," "customer," and "user" mean an account holder or user with us;

 

Disclaimer:

Xi Shells takes no responsibility for any damages or losses that customer's business may suffer due to use of Xi Shells products and services. Xi Shells takes no responsibility for the data and or files contained in customer's directories. You (the customer) agree to assume full responsibility for all data, files or other related documents contained in your (the customer) home directory (/home/username).

Xi Shells reserves the right to change and or modify its policies at any given time without any prior notice. If customer violates any use policies, Xi Shells has the right to terminate any account on Xi Shells machines.

Xi Shells reserves the right to change its prices or packages at any given time without any prior notice. Customer is then expected to, under this agreement; pay the new monthly charge for their product(s).

Xi Shells is not responsible for any server downtime or outage that is out of our control. We are only responsible for normal operation of the operating system we run on our servers. We will keep servers fully patched and software packages upgraded as we see fit. We are not responsible for the setup or configuring of user software including unless requested at time of check out.

We will hold our end of this agreement to the best of our ability and provide every one of our customers with the level of support suspected from our industry; in return we ask that customers give us the same respect. With that said, any harassment of our staff members will not be tolerated.

 

Payments:

Customer assumes liable for all balances due on any account opened with us. Xi Shells bills in advanced thus full payment must be received before account activation takes place. All Xi Shells invoices are generated automatically and are due by the due shown on invoice. Invoices not paid by the due date are subject to a penalty of up to 5% of the entire outstanding balance. Shall the invoice remain unpaid and the account remains in a delinquent status for 14 consecutive days the account will be terminated and written off to Xi Shells collection department. In the event customer wants to reactivate a seriously delinquent account, a reactivation fee, along with 2 full months price of service will be charged to the customer as well as any past due balances.

 

Refunds:

Xi Shells offers a no-nonsense thirty-day money back guarantee for new customers only. If new customer for whatever reason is not happy with the services Xi Shells provides, such new customer can receive a full refund of any amount paid to Xi Shells for monthly services and is subject to the following conditions:

Setup fees are non-refundable;
Domain registration fees are non-refundable
SSL certificate fees are non-refundable;
Extra IP add-ons are non-refundable;
Refunds or credits are not given for service downtime, period.

The above products and services are ordered on an as-needed basis for customers who require them. The fee associated with each product is a non recoverable loss of profit on behalf of Xi Shells and must be passed onto the customer. If customer paid for a domain term, the domain belongs to such customer and is available to be transferred out or used elsewhere as customer sees fit. Refunds will only be returned / credited via original form of payment, no exceptions.

Customers that are not new to Xi Shells or have had a previous account with Xi Shells for one or more products or services are not entitled for any money back guarantee offers or pro-rated refunds if customer is paying monthly. If customer has made a pre-payment in advance for more than one month then the following terms apply;

If paid for 3, 6 and 12 months customer will only receive credit for the unused months of service minus the cancellation month. Here is an example, customer paid for a 3 month term period but customer only used 1 ½ months of service. Customer then decided to cancel after 1 ½ months of service customer is only going to receive one month of credit;

Setup fees are non-refundable;
Domain registration fees are non-refundable;
SSL certificate fees are non-refundable;
Extra IP add-ons are non-refundable;
Refunds or credits are not given for service downtime, period.

The above products and services are ordered on an as-needed basis for customers who require them. The fee associated with each product is a non recoverable loss of profit on behalf of Xi Shells and must be passed onto the customer. If customer paid for a domain term, the domain belongs to such customer and is available to be transferred out or used elsewhere as customer sees fit. Refunds will only be returned / credited via original form of payment, no exceptions.

 

Illegal Activities:

Participation in any denial of service activity / attacks from Xi Shells servers is strictly prohibited.

All customers are responsible for denial of service attacks to customer’s allocated IP address(es) on customer’s shell account(s). If customer is found getting seriously attacked and renders service too frequently the customer's account will be terminated without refund.

Warez, illegal pirated commercial software made available to the public via illegal downloading, will not be permitted on any of Xi Shells servers.

Abusive programs, including but not limited to, hacking tools, root kits, sniffers, war bots, xdcc bots, scanners, exploits, proxies and spam bots are not permitted on our servers.

Trying to bypass kernel securities, jail security, chmod permissions or any such occurrence that is of means of trying to break in and tamper with our servers or hijacking accounts whether by use of scripts or other 'toys' is not tolerated and will be grounds for termination when such attempt is discovered. User accounts will be terminated and no refund will be given for such actions.

Also, all unauthorized attempts to any of our servers at any given time is logged and recorded, attempts of hacking to get unauthorized shell access, whether root or any other user is illegal and will be forwarded to the correct local authorities along with any supporting documentation.

 

Adult Content:

Under no circumstances does Xi Shells or any of its partner subsidiaries allow hosting of any adult content, whether be illegal kiddy pornography or content within US Code 2257 Record keeping requirements. Customer’s found hosting any related adult material will have their account suspended without prior notice and no refund will be given.

 

Customers Responsibility:

Customer assumes liable for their account at the time of acceptance of this document and a successfully submitted order. Upon account activation, a temporary generated password will be issued and supplied to the customer; customer is then responsible for changing temporary password and keeping password safe. Customer is also responsible to maintain and change password when needed to decrease break-in attempts. Passwords are encrypted and will never be asked for by a staff member for any reason at all.

Account sharing / transferring is prohibited, any activity under your account, whether done by you, someone unauthorized or authorized to be in your account, will always be the account holder responsibility, or the person who first signed up for account. Customer agrees not to share their account with anyone, or assumes fully liable for all actions under the account. Any activity that happens under customer's account that is in breach of these policies will be terminated and no refund will be issued.

Customer assumes full financial responsibility for the charges applied to their account, as also stated above under section; ‘Payments.’

Account holder must be legal age of their residing state, providence or country or otherwise legally allowed to bind into this contract with Xi Shells. All minors must have an adult parent or guardian open the account for them and authorize the use of such account to minor. The adult who opened the account with Xi Shells is the account holder and will be fully held responsible both legally and financially liable for any and all actions taken by authorized minor with or through use of such account.

At no given time may customer use our services to impact, impair, restrict, retain, take out, and hurt the services of other customers, companies or entity. Using our services for any relating matter including but not limited to using our services to mass advertise, spam or otherwise deliver annoying messages, transfer malicious code, is grounds for immediate account removal without any refund / credit given.

Service termination will follow any customer account if customer is found to be breaking or otherwise not abiding to this document. Any service termination is at sole discretion of a Xi Shells staff member. Xi Shells also reserves the right to refuse to renew any given account at the end of the customers paid term period for any reason or no reason stated at all.

Any customer who has had their account revoked, suspended, terminated or otherwise rendered inaccessible because of failure to comply with this document is not entitled to sign-up or open a new account at any time in the near future or future, ever, period. Customer may also not fraud the billing system in order to get another account setup in a false name or other such related acts. Fraud is illegal and will be reported to the appropriate authorities. Customers who has had their account revoked, suspended, terminated or otherwise rendered inaccessible because of failure to pay any fees due on previous accounts, will also not be entitled to open another account by any means until all past due balances are brought current.

 

Account Suspension & Terminations:

Xi Shells reserves the right to suspend and or terminate any account, whether breaking the use policies or not. Prior to your termination or suspension, a Xi Shells billing administrator will try his or her best effort to contact the account owner so you have the ability to remove all personal data from the account. If no response is obtained the account will be removed from Xi Shells machine(s) and all data will be destroyed.

Again, upon acceptance of the use policies at sign-up you stated and agreed that you release Xi Shells, its administrators, operators, and any other volunteer staff from all responsibility or legal liability for data loss.

 

Usage Limits for All Accounts:

When a user pays for a specific package the user is bound to the limits of that package as follows:

User may never run more than the purchased background processes;

User many never exceed the purchased amount of disk quota;

Users many never host any bandwidth intensive software or application on a shared resource server, ever;

User is only permitted to bind to the specific IP address given to them in the welcome e-mail or one of the IP addresses listed in the public vanity host (‘vhosts’ command in shell) list if one exist for the server.

 

Shared Hosting:

While customer is using shared hosting resources, customer agrees to stay within reasonable limits of CPU, RAM, and disk space quotas. Any customer process found using an excessive amount of CPU time; memory usage; or disk space will be investigated and terminated either manually or via automated scripts. If any customer process continues to use excessive amounts of shared resources, account may be suspended or terminated which will be decided at the sole discretion of Xi Shells.

 

UNIX Shell Hosting:

Customers who subscribe to one of our UNIX shell packages are bound to the following:

Connections to any IRC network should never be bound to the main server IP.

e.g. server.xishells.com; Connections should be made with the vanity hosts provided on the server. You may also buy a custom vanity host for a small fee.

 

IRCd Hosting:

The following only apply to customers who have purchased an IRCd (Internet Relay Chat Daemon) shell;

Only allocated IP address(es) provided in the welcome email upon account activation are to be used for running or binding the daemon to;

Amount of open file descriptors are not to exceed the purchased amount, this is also known as the max user count;

Hosting of DDOS (Distributed Denial of Service) or packet bots is not tolerated as it is an illegal activity, as also mentioned above;

Management of the customers IRC network is sole responsibility of the customer any illegal activities found will be passed onto your local authorities with supporting documentation if acceptable;

Traffic, inbound and outbound, is not to exceed more than 10GB’s in one month on any IRCd shell package. Which means you would have to consume 342kbps for an entire 30 days straight. We feel this is reasonable since many larger networks require you to have a fully dedicated server in order to link with them.

 

SHOUTcast Hosting:

Xi Shells will not be held liable or responsible for the conduct of its customers under any terms. Users are liable for what they broadcast and are responsible for paying such broadcast royalty fees on their own attire.

 

Web Hosting:

Customers who are using web hosting accounts are bound to the adult content section stated above. Customer also agrees to stay within allotments of paid for bandwidth and other limited quotas. Any customer found exceeding such quotas for more than three consecutive billing cycles will be terminated without warning or any refund being owed.

 

A customer who uses excessive amounts of bandwidth over their limit causing Xi Shells to be responsible for overage in bandwidth charges will be passed onto the customer.


Last Updated: September 07, 2008; 6:18 pm