Softxaa

Terms Of Services

This Web Hosting Agreement is between Softxaa and the person/persons who use our web hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

Softxaa, 215 G.B Road, Kolkata: 700028.

Softxaa provides cPanel/SPanel/Plesk/OviPanel/Cyberpanel/VestaCP/CentOS Web Panel hosting, Windows hosting, email services, domain registration, reseller hosting, VPS hosting, Cloud hosting, and dedicated servers. All customers should agree to all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on Softxaa. You shall agree to use only licensed and legal third-party software in connection with your use of our services. Softxaa reserves the right to suspend or cancel a customer’s access to any or all services provided, at any time, or when Softxaa decides that the account has been inappropriately used or otherwise.

Softxaa 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.
  • Topsites, Ponzi or pyramid schemes, prime banks 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.
  • Website content that promotes or advocates human trafficking in any way shape or form as determined by Softxaa’s sole discretion, sites that promote prostitution, or escort services.
  • Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.
  • Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Softxaa.
  • Embedding or uploading audio/video/high-resolution images on a website or linking to other websites that promotes audio/video/high-resolution images.
  • 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.
  • 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 which provide “links to” or “how-to” information about such material.
  • Games – We strictly do not allow to host any kind of games on our One Champ Shared Business servers. Your hosting account would be immediately terminated if we found any gaming-related stuff in your hosting account. For Game related stuff, We advise you to purchase One Cloud or One Metal server.
  • 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 connecting 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 that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination.
  • Softxaa reserves the right to deem any other content or literature as “prohibited” if found to be indecent, rude, hate content & generally unacceptable.
  • Refer General Acceptable Use Policy for complete details on prohibited content and activities.
  • In compliance with DMCA act, Softxaa 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 abuse@softxaa.com

Any attempts to compromise or actual compromise of a network device belonging to Softxaa 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 or suspected infractions will be vigorously investigated and may result in immediate termination of service.

Denial of Service (DOS) attacks directed at Softxaa, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

Hosting any software, source code, or any 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; exploits source code, hacking tutorials, hacking tools, viruses and Trojans, bomb-making, and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

The hosting of material that infringes on any copyright, trademark, and 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 termination of service.

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.

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 actions are not taken to desist the activity, calls for immediate deactivation without any refund. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.95% uptime we can not fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.

If any client is in any way disrespectful towards any member of the Softxaa staff we have full right to remove them from our services without any refund.

Website Hacked:

Softxaa will not be responsible if the user’s website faces any trouble like hack/virus/data corruption and data loss due to using crack/nulled/GPL etc, unauthorized file sources.

High Resources Usage:

If our security system detects your CPU/RAM usage going higher than what we allocated with your plans, then our system will automatically suspend your Cpanel/Control Panel without any notice. Meanwhile, Softxaa will not be responsible for any loss.

Copyright and Trademark Policies:

Copyright claims are covered by the Digital Millennium Copyright Act (“DMCA”), whereby a copyright holder may issue a formal complaint known as a DMCA Takedown Notice.

  • DMCA Takedown Notice. If we receive a DMCA notice from a copyright holder regarding hosted content, we will suspend your account without any notice.
  • You can counter the DMCA takedown notice if you have a legal document. just create a ticket against DMCA notice with legal documents.

Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties.

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. If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Furthermore, 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. 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 $2500.00 will be charged to your account. 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. First violations 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 $5000. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.

We have a zero-tolerance policy for the use of our service for posting messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups 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.

We also prohibit hosting of publicly-accessible “open relay” SMTP or anonymous remailer service for any purpose, cause, or reason whatsoever.

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

If the customer fails to complete the account verification process then no refund would be provided to such customers under any circumstances.

If the user has lost their registered email, the user has to share any government ID with a transaction ID from the bank/wallet they used while taking hosting or domain.

If the user lost Authentication and wants to disable Two-Factor Authentication, then the user has to share any government ID with a transaction ID from the bank/wallet that they used while taking hosting or domain.

We generally recommend a control panel or our managed One Cloud (VPS) to operate the VPS server. All customers who have a plain VPS would have to configure the DNS, user accounts, mail accounts, and other such activities pertaining to the configuration of such VPS themselves. The support team will not be responsible for this. With windows VPS, we provide an evaluation version that can be re-activated after every 6 months.
For VPS cancellation, raise before expiring plan. Otherwise, you need to pay complete billing.

Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

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. Softxaa would be the sole arbiter as to what constitutes a violation of this provision.

In order to ensure that our shared servers, cloud & VPS nodes as well as dedicated server hardware node give us the optimum performance we have set limits on the number of outgoing mails which can be sent per day. Accordingly, shared & reseller customers would be allowed to send 300 outgoing emails per day, our VPS customers would be able to send 1000 outgoing mails every day and the Cloud hosting customers may send 300 outbound mails per day. Customers having dedicated servers may send one email every second i.e. 3600 mails per hour.

We take the enforcement of anti-spam laws very seriously. Spam can lead to negative impacts for all our users so Softxaa has strict policies against spamming and bulk email. Users who send egregious amounts of Spam via email, newsgroups, etc., are not allowed on our servers. If we receive complaints of spamming and bulk email coming from a particular account or harming our servers, we will remove/suspend your account from our network without any notice.

We do not guarantee Inbox email delivery with any of our hosting plans.

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. Softxaa 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.

You as a Softxaa User agree that in no case, Softxaa can be held responsible for the loss of data under any circumstances.

Clients who have subscribed for paid backup service with shared and reseller hosting plans. For such clients, we take daily backup of the database with a retention period of 7 days. Website backup will be taken weekly with a retention period of 1 day. Any backup copy maintained by Softxaa will not have any emails or media files included in it.

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.

All data will be deleted within 7 days if the customer does not pay his hosting bill on time. Softxaa will not be responsible for any data loss.

If the customer hosting plan is terminated and the customer wants to restore his Cpanel, then the customer has to pay all due invoices with a restore charge.
If old data is available on our backup server, the restore charge will calculate according to your plan, month, disk space, etc.

“Unlimited” usage policies and definitions apply only to shared and reseller hosting accounts. Click here to read the unlimited hosting policy.

The size of each mail box should not exceed 5GB and the combined mailbox size per domain should not exceed 50GB. This is applicable for WordPress hosting, Shared Business Cloud Hosting, Linux & Windows-based shared hosting plans.

Any service interruptions or downtime due to scheduled maintenance by Softxaa or our network providers will not count towards the uptime guarantee. Softxaa is not liable in any way for the failure of third-party services.

Softxaa 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 the provision of the Services.

You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.

Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools.

You may not attempt to interfere with service to any user, host, or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. Users who violate systems or network security may incur criminal or civil liability. Softxaa will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

If paying via Credit card, Debit card, Net banking, UPI, or PayPal the account will be set up immediately once the payment is confirmed. If paying by a cheque, please allow 5 days for the cheque to clear. If paying via postal orders or cash your account will be set up on the same day.

The 30 days money-back guarantee is only applicable for first-time signups. Second-time and subsequent sign-ups are not eligible for the same. For instance, if you’ve had an account with us before, canceled, and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Refund is not applicable on domain registration/transfer/renewal, One Web (web Builder), Website design services, One Cloud (Managed VPS), One Metal (Managed Dedicated Server) cPanel, Plesk, Control Panel, LiteSpeed, Softaculous, Cloud, VPS, Dedicated Server, Paid Support, SSL Certificates, Sitelock, SpamExperts, WHMCS, Windows OS, SQL, G Suite, Office 365 and any other paid licenses.

The modifications done in the pricing pattern or policy by the software license company will take effect immediately on Softxaa clients.

The 30 days money-back guarantee is provided only on One Champ (Shared Business Cloud) hosting, Managed WordPress hosting, and Unlimited hosting with 12 months or greater plan.

No refund will be made if your Service(s) are suspended or terminated for cause.

There is a limitation of every hosting platform. On an OpenVZ VPS, GUI is not supported and it won’t be possible to upgrade the kernel or change the BIOS settings. Kernel upgrade is possible on KVM Cloud instances but you cannot change the BIOS settings. You won’t be eligible for a refund in such cases.

The refund will not cover any kind of taxes, setup fees, refund processing fees, postal charges, or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources over-usages or after 7 days period or beyond the coverage of our refund policy as noted here.

The free domain is offered with Advance, Plus, and Premium plans of One Champ (Shared Business Cloud) hosting and One Web (Website Builder). One free .co.in or .in domain is offered with the purchase of every new Advance, Plus, or Premium plan for 1/3/4 years. The domain name will be free for the first year and renewal charges will be applicable from the second year.

You must add the domain name to your cart with the hosting plan. You cannot claim the free domain later.

If the web hosting service includes a free domain name, and you cancel the web hosting service, the domain charges (standard rate as per Softxaa website) would be deducted from the refund amount. If the refund amount is less than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain will remain with Softxaa if you fail to pay the difference amount.

Transfer fees would be applicable if you wish to transfer the free domain name to some other provider. Without transfer fees, the domain will not be released.

The payments made through bank transfer, cheque, money order, cash deposit, and DD are non-refundable. A refund will be added as credit to the hosting account.

The refund request placed after 30 days will not be processed and you will not be eligible for any refund.

The cancellation request should be sent through the client area.

After sending the cancellation request, it would take 4 – 5 working days to complete the refund process.

Domain Payments

  • Domain Registrations: No refund is applicable once the domain is registered.
  • Domain infringement: You cannot register a domain name 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 a domain name will be held liable for infringement of the Trademark. Example: Flipkart sale.[TLDs], bajajfinancecs.[TLDs], adtyabrlafnanc.[TLDs]
  • Domain Renewal: We will send you reminders to renew your domain one month before the expiry. We are not responsible for failure or delay in the renewal of a domain. Once a domain is renewed, no refunds will be given.

Late Payment or Non-Payment

If customers do not pay their bills on time, they have to pay an additional (20%) amount as a late fee.

  • Unpaid invoices may result in your web hosting account suspension or termination. Your suspended account will only be restored after clearing the outstanding invoice, after which you will be able to access your data.
  • If your account gets terminated, the data residing on it won’t be restored and will be treated as a new account. If you fail to renew your subscription on time, you will be charged on your invoice.
  • We will not activate new orders or activate new packages for customers who have an outstanding balance on their accounts.

Customer agrees that they will protect, indemnify, save and hold Softxaa harmless from any and all stipulations, liabilities, losses, expenses, and claims, as well as reasonable attorney’s fees assessed against Softxaa, 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.

Customer agrees to defend, indemnify and hold Softxaa harmless against liabilities arising out of –

Any injury to person or property caused by any products sold or distributed in association with Softxaa’s Services;
The loss of any electronic files furnished by the customer (Or customer’s customer);
Copyright violation and any defective products sold to a customer from Softxaa’s Services

We reserve the right to refuse, cancel, or suspend service at our sole discretion. Softxaa reserves the right to modify/change the terms of service at all times. All customers would be bound by the newest terms published on the website.

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