Terms of Service

The following Terms of Service (“TOS,” “Terms” or “Agreement”) apply to your use of our website and all services, features, and/or content provided by XpressRDP (“XpressRDP ”, us”, “our” ). By purchasing one or more services from XpressRDP, you declare that you have read, understood, and agreed to be bound by this TOS. The latest version of our TOS is always available on the XpressRDP website. It is essential that you read this TOS prior to purchasing any service(s) from XpressRDP.

Customer Agreement

The TOS applies to all Services provided by XpressRDP to you throughout the entire Term or Renewal Term. All customers should agree to all terms and conditions stated prior to signing up for any of the hosting plans and services mentioned on XpressRDP. You shall agree to use only licensed and legal third-party software in connection with your use of our services. XpressRDP reserves the right to suspend or cancel a customer’s access to any or all services provided, at any time, or when XpressRDP decides that the account has been inappropriately used or otherwise.

01.

Content

XpressRDP reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any applicable law or regulation is prohibited.

The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited.

  1. Topsites, ponzi or pyramid schemes, prime bank programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk SMS gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events. Websites promoting illegal activities or linking to other websites that promote illegal activities.
  2. Website content that promotes or advocates human trafficking in any way shape or form as determined by XpressRDP’s sole discretion, sites that promote prostitution, or escort services.
  3. Any website found to host child pornography, links to child pornography, or exploitative content will be suspended immediately without notice or warning.
  4. Adult Material: Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of XpressRDP.
  5. Embedding or uploading audio, video, or high-resolution images on a website or linking to other websites that promote audio, video, or high-resolution images.
  6. Illegal Material: This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
  7. Warez: This includes, but is not limited to, pirated software, ROMs, emulators, phreaking, hacking, password cracking, IP spoofing, and encrypting of any of the above. It also includes any sites that provide “links to” or "how-to" information about such material.
  8. Games: We strictly do not allow you to host any kind of game on our servers. Your hosting account would be immediately terminated if we found any gaming-related stuff in your hosting account.
  9. IRC Hosts: Hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers or virtual hosting accounts found to be connected to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time as you agreed to completely remove any and all traces of the IRC server and agreed to let us have access to your server to confirm that the content had been completely removed. Any server guilty of a second violation would result in immediate account termination.

XpressRDP reserves the right to deem any other content or literature "prohibited" if found to be indecent, rude, hateful, or generally unacceptable. Refer to the General Acceptable Use Policy for complete details on prohibited content and activities. In compliance with the DMCA Act, XpressRDP has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to [email protected].

02.

Abuse Of Resources

  1. Any attempts to compromise or actual compromise of a network device belonging to XpressRDP or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners, and vulnerability scanning. All infractions and suspected infractions will be vigorously investigated and may result in the immediate termination of service.
  2. Denial of Service (DOS) attacks directed at XpressRDP or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and suspected infractions will be vigorously investigated and may result in the immediate termination of service.
  3. Hosting any software, source code, or other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes, but is not limited to, software exploits, exploit source code, hacking tutorials, hacking tools, viruses and Trojans, bomb making, and similar device tutorials. All infractions and suspected infractions will be vigorously investigated and may result in the immediate termination of service.
  4. The hosting of material that infringes on any copyright, trademark, or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones, or anything else considered "Warez." Any authentic complaint received will be investigated and may result in the termination of service.
  5. The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
  6. Any attempts to undermine or cause harm to any of our servers are strictly prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that abuses the resources and takes actions not to desist from the activity calls for immediate deactivation without any refund.
  7. Any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms (i.e., an upgrade). Although we offer 99.95% uptime, we cannot fully guarantee this. This is due to the updates and upgrades we carry out, which are also part of our maintenance.
  8. If any client is in any way disrespectful towards any member of the XpressRDP staff, we have the full right to remove them from our services without any refund.

03.

Zero Tolerance SPAM Policy

Unsolicited Commercial Email or Bulk Email

  1. Use of our service to transmit any unsolicited commercial or unsolicited bulk email is expressly prohibited. Violation of this SPAM policy will result in severe penalties.
  2. Upon notification of an alleged violation, we will initiate a full-scale investigation, during which we may restrict customers' access to the network to prevent further violations.
  3. If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend, or terminate the guilty hosting account. Further, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense.
  4. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various spam databases will have their account(s) immediately suspended, and an administrative fee of $250.00 will be charged to your account.
  5. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. The first violation of this policy will result in a warning, and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account, and the administrative fees will be $500. Severe violations may result in the immediate and permanent removal of the account(s) from our network without notice to the customer.
  6. We have a zero-tolerance policy for the use of our service towards the posting of messages or commercial advertisements that violate the rules, regulations, or charter of any newsgroup or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
  7. We also prohibit the hosting of publicly accessible “open relay” SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.
  8. Spamming, sending unsolicited emails from our servers, or using email addresses that are maintained by us is strictly prohibited and will qualify your site for immediate deactivation with no refund. XpressRDP would be the sole arbiter as to what constitutes a violation of this provision.
  9. In order to ensure that our servers give us optimum performance, we have set limits on the number of outgoing emails that can be sent per domain per hour. The defined numbers here are the maximum limit of the highest plan of that service; if you choose a lower plan, the number of outgoing emails may vary. Shared customers would be allowed to send up to 100 outgoing emails per hour, reseller users up to 25 emails per hour, and VPS/cloud customers would be able to send 1000 outgoing emails every hour. Customers with dedicated servers may send 3000 emails per hour.
  10. We do not guarantee inbox email delivery with any of our hosting plans.

04.

VPS Rules

We generally recommend a control panel to manage and operate the VPS. All customers who have a plain VPS would have to configure the DNS, user accounts, mail accounts, and other activities pertaining to the configuration of such VPS’ themselves. The support team will not be responsible for this.

05.

Backup Policy

  1. Your use of the services is at your sole risk. You agree to back up all of your user content so that you can access and use it when needed. XpressRDP does not warrant that it backs up any account or user content, and you agree to accept as a risk the loss of any and all of your user content.
  2. You, as an XpressRDP user, agree that, in no case, XpressRDP can be held responsible for the loss of data under any circumstances.
  3. Clients who have subscribed to paid backup services with shared and reseller hosting plans. For such clients, we take a daily backup of the database with a retention period of 7 days. Website backups will be taken weekly with a retention period of 1 day. Any backup copy maintained by XpressRDP will not have any emails or media files included in it.
  4. Clients using the cPanel Backup Manager tool for backups should download the backup from the server and delete it. Every Sunday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.

06.

Domain's

Domain Registrations: No refund is applicable once the domain is registered.
Domain infringement: You cannot register a domain name that is similar to a trademarked domain/a domain similar to a brand and is engaged in a business providing similar goods or services. Any person trying to register such domain name will be held liable for infringement of Trademark. Example: ebay.com, amazon.com.
Domain Renewal: We will send you reminders to renew your domain one month before the expiry. For failure or delay in the renewal of a domain, we are not responsible. Once a domain is renewed no refunds will be given.

07.

Resource Usage

We reserve the right to monitor the memory (RAM / Processor) performance of our servers at all the time. We reserve the right to suspend services (temporarily or permanently) if we find that high memory consumption is affecting network performance.

08.

Bandwidth

If the customer's account exceeds the bandwidth limit, we will inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit won’t exceed again or when the account is upgraded, whichever is earlier. The account would be reactivated the following month.

09.

Uptime Guarantee

  1. Any service interruptions or downtime due to scheduled maintenance by XpressRDP or our network providers will not count towards the uptime guarantee.
  2. XpressRDP is not liable in any way for the failure of third-party services.
  3. XpressRDP will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike, or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

10.

Price Change

The prices of our services may be changed from time to time depending on our vendor’s pricing. We are authorized partners of multiple license providers and domain registrars. If there’s any change in their pricing structure, we will be forced to increase the prices of our services to cover our costs. You are required to review billing information from time to time to avoid any surprises in pricing.

11.

Cancellation Process

  1. At any point in time, if you wish to discontinue our services, you can place a cancellation request through your client area. Before that, you need to clear all the pending dues (if any).
  2. You can either choose immediate cancellation or request cancellation to happen once your subscription period expires. If you select immediate cancellation, you will no longer have access to your hosting plan or service. If cancellation after the tenure period is over is selected, you will continue to have access to use the services purchased until the end of your prepaid term.
  3. It is your responsibility to backup all your data before you place the cancellation request. Once you place the cancellation request, all your data from our server will be deleted, and it cannot be retrieved or restored.

12.

Taxes

The price mentioned on the site is exclusive of taxes. To view price with taxes please refer the Cost Calculator of each plan. The amount inclusive of taxes will be added to your final invoice once you add items in your cart. The taxable amount is non-refundable.

13.

Account Termination

Your hosting account at XpressRDP can get terminated due to following reasons:

  1. You decide to discontinue.
    At any point in your subscription, if you no longer want to continue with our services and want to place a cancellation request with immediate termination, your hosting account will be suspended right away and will be terminated within 48 hours.
  2. Cancellation upon expiration
    If you place a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 48 hours (after the expiration date).
  3. You did not renew.
    In case you fail to renew your hosting account on the due date, your hosting account will be suspended after 24 hours and terminated within 48 hours (after the expiration date).
  4. You violate our terms of service.
    If you violate our terms of service during your subscription period at XpressRDP, it will result in immediate account suspension and termination. As soon as we’ve been notified about the violation of service, we usually take instant action.
  5. Potential fraud
    We have an anti-fraud system that monitors all the orders as soon as they are placed. During such an occurrence, we will carry out a verification process manually. In this process, if we ask for certain information and it is not provided, the account suspension and termination will be done immediately.
  6. A Dispute or Chargeback
    During the violation of our Terms of Service, we would initially suspend and give a 7-day timeframe to resolve the concern with XpressRDP before the termination occurs. If it remains unsolved, termination of your hosting account will take place.

NOTE: It is advised to maintain a backup copy of your hosting account to avoid losing your data because of the termination. All your files will be deleted from the server once your hosting account is terminated, and XpressRDP shall not be liable for the same.

14.

Indemnification

  1. The customer agrees that they will protect, indemnify, save, and hold XpressRDP harmless from any and all stipulations, liabilities, losses, expenses, and claims, as well as reasonable attorney’s fees assessed against XpressRDP, its agents, customers, officers, employees, and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees, or assigns.
  2. The customer agrees to defend, indemnify, and hold XpressRDP harmless against liabilities arising out of
    1. Any injury to person or property caused by any products sold or distributed in association with XpressRDP's services;
    2. The loss of any electronic files furnished by the customer (or the customer’s customer);
    3. Copyright violation and any defective products sold to a customer by XpressRDP’s Services

15.

Limitation of Liability

  1. To the maximum extent permitted by applicable law and without affecting your rights as a consumer, you agree that you will not, under any circumstances, including negligence, hold XpressRDP, its officers, directors, employees, licensors, agents, subcontractors, and/or third-party service providers liable for any direct or indirect damages of any nature and type suffered by the
  2. Customer of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third party conduct/acts, including XpressRDP’s licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s).
  3. You agree that the foregoing limitations apply, whether based on warranty, contract, tort, or any other legal theory, and apply even if we have been advised of the possibility of such damages. In no event will we be liable to you in aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective service(s) during the twelve-month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law, and your rights as a consumer will not be affected.

16.

Dispute Resolution. Jurisdiction

  1. In the event of any dispute, controversy, or claim arising out of or related to this Agreement, you and XpressRDP shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate with each other with the aim of reaching a solution satisfactory to each party.
  2. You agree that the Courts of Nashik, Maharashtra (India) shall have sole jurisdiction over all disputes and other matters relating to the execution, interpretation, enforcement, and termination of this Agreement or any other document entered into by the parties related thereto. All disputes and other matters relating to the interpretation and enforcement of these TOS, as well as any other document entered into by the parties, shall be governed by the laws of India.

17.

Change of TOS

XpressRDP may modify these TOS at any time with immediate effect. Where the change in terms is required by law or related to the addition of a new service, extra functionality to the existing service(s), or any other change that neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.
No clarification or explanation of the terms provided by the parties will have the power to modify the provisions of these TOS. By using our service, you agree to XpressRDP’s Terms of Service, Privacy Policy, Unlimited Hosting Policy, and Policy AUP.
If you don’t agree to these services, either don’t purchase any service or if already purchased, immediately cancel it. No refund will be processed in such case.

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