Definitions
“Account”: Refers to the collective personal information, Payment Information, and credentials used by Users to access Paid Content and/or any communication system on the xCloud platform.
“Content”: Encompasses any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer as it appears on or forms part of the xCloud platform.
“Facilities”: Denotes the online facilities, tools, services, or information provided by xCloud through its platform, both currently and in the future.
“Services”: Signifies the offerings available to users through the xCloud platform, which include but are not limited to the use of xCloud’s proprietary e-learning platform.
“Payment Information”: Encompasses any details required for the purchase of Services from the xCloud platform. This includes, but is not limited to, credit/debit card numbers, bank account numbers, and sort codes.
“Premises”: Refers to the physical locations of xCloud’s business, situated at xCloud Hosting, LLC.,124 Broadkill Rd #599, Milton, DE 19968-1008
“System”: Includes any online communication infrastructure that xCloud offers through its platform, both presently and in the future. This includes but is not limited to, web-based email, message boards, live chat facilities, and email links.
“User” / “Users”: Pertains to any third party that accesses the xCloud platform and is not employed by xCloud and not acting in the course of their employment.
“Website”: Indicates the website currently in use, which is xCloud.host, along with any sub-domains of this site (e.g. xCloud.app), unless expressly excluded by their specific terms and conditions.
Use Of Services
Upon your acceptance of this Agreement, xCloud grants you a non-exclusive, non-transferable right to access and use our services for your internal purposes. xCloud shall accept, process, and address your queries, all subject to the terms and conditions herein.
By registering for the services, you agree to provide accurate, current, and complete information about yourself and to keep it up-to-date. Any inaccurate information may lead to the suspension or termination of your account and the denial of any future use of the services. You are responsible for all activities under your account, and you must notify xCloud immediately of any unauthorized account usage or security breaches.
xCloud reserves the right to redirect or terminate any recursive traffic that it deems harmful or invalid in its sole discretion.
Upon termination of this agreement, your access to the service ends, and xCloud is not liable for any loss of the services or access to alternative services. Provisions of the Agreement that should survive termination, including ownership, warranties, disclaimers, limitations of liability, and indemnity, remain in effect.
Acceptable Usage
By using xCloud services, you agree to use them exclusively for lawful purposes and not engage in any activities that are illegal, harmful, offensive, or fraudulent. Prohibited activities include but are not limited to:
– Hosting content related to human trafficking, child pornography, terrorism, hate speech, or violations of local, state, national, or international laws.
– Actions that negatively impact xCloud’s systems or network, such as overloading servers or causing parts of the network to be blocked.
– Engaging in malicious activities, including hacking, attempting to hack, impersonating other websites, phishing or distributing malware, viruses, or any harmful software.
– Unauthorized access to or interference with any network, computer system, or communication infrastructure (e.g., hacking, probing, or falsifying data).
xCloud reserves the right to immediately suspend or terminate any account or service that, at its sole discretion, is found to be engaging in prohibited activities. No refunds will be issued for services terminated due to these violations.
xCloud also retains the right, without obligation, to disclose any user information to relevant authorities (e.g., law enforcement, child protection agencies, or court officials) if there is suspicion of illegal activities. By using xCloud services, you acknowledge and agree to xCloud’s right to make such disclosures.
**Reporting Violations
**If you become aware of any violation of this policy within the xCloud environment, you are required to report it immediately. xCloud will investigate and take appropriate action, which may include suspension or termination of services based on the severity of the violation.
Failure to comply with this policy will result in service termination, and relevant information may be disclosed to appropriate authorities as necessary.
Age Restrictions
Individuals under the age of 18 should only access this website under the guidance of an adult. Payment information must be furnished by an adult or with their explicit consent.
Adult Content
Usage of xCloud services for the purpose of posting or hosting adult content on your website is strictly prohibited. This includes, but is not limited to, materials considered as pornographic content and images. xCloud reserves the right to suspend or terminate your services if your usage is found to involve adult content at the sole discretion of xCloud.
xCloud Email Service
All of the contacts in your email list must have shared their consent to receive emails from your websites that will be under the xCloud services. You must agree not to spam, include relevant content, honor opt-out requests, and provide accurate identification.
You must avoid defamatory, explicit, misleading, discriminatory, or illegal material in emails. You must also restrict sending emails related to weapons, MLM, gambling, pharmaceuticals, and other prohibited content when using the email services under xCloud.
On account of high complaint volumes, invalid email addresses, or violating any rules, services may be suspended or, under circumstances, terminated
If you have any questions or concerns, please reach out to our support team at support@xcloud.host.
Affiliate/Referal Program
By joining the xCloud Affiliate & Referral Programme, customers acknowledge and agree to the terms outlined herein. Participation in the program is open to registered xCloud users, allowing them to earn rewards by referring new users to xCloud services. Affiliates will receive incentives based on the qualifying actions of their referred users.
Acceptance into the program is subject to xCloud’s approval, and customers are required to comply with ethical marketing practices, all relevant laws, and these terms. xCloud reserves the right to modify the program or terminate an Affiliate’s participation at its discretion. Continued participation constitutes acceptance of any modifications to the terms
Privacy Policy
At xCloud, we prioritize the privacy and security of our customers. Our privacy policy outlines how we collect, use, and protect your personal information when you engage with our services.
We are committed to transparency and encourage you to review our privacy policy to understand the measures we have in place to safeguard your data. Your trust is important to us, and we want you to feel confident in how we handle your information.
If you have any questions or concerns, please reach out to our support team at support@xcloud.host.
Change in Services
You acknowledge that the services may change over time, and xCloud may make changes to the services or pricing at its sole discretion. Changes or discontinuation of the services may occur with 30 days written notice. If these changes are unacceptable to you, you may terminate this Agreement with at least 20 days’ notice before the effective date of the change. Use of the services after the effective date of a change or discontinuation constitutes acceptance.
Free Plan
If you opt for the free plan of the service, xCloud will grant access to limited features until a payment method is added. The trial period will continue until payment information is provided. The free plan can be used once. Afterward, you can select and modify your subscription plan from the xCloud dashboard.
xCloud reserves the right to modify or terminate your free plan or change its terms and conditions at any time without prior notice and liability.
Fees and Payment
You are responsible for the Service Subscription Fee at the time of creating your account and selecting the premium packages. All fees will be billed to the designated credit card during registration. Payment by invoice may be an option if agreed upon with xCloud.
You must update your payment method information if your payment method expires, and failing to do so will automatically authorize xCloud to suspend the Services until updated billing details are received.
**Late Payments and Service Suspension
**If your payment method expires and you don’t update or cancel services, xCloud may suspend services until billing details are updated. Our system will try the automatic payment each day until your Billing expiry due date. Your account and xCloud servers will be removed after 5 days if you do not clear unpaid bills within this period.
To avoid suspension of your account when payment does not pass through, you can add a new payment method, update an existing payment method. If there is an adequate balance on your billing account, your card will be charged within 24 hours with the updated details.
If you cancel a service before the prepaid Fees expire, xCloud, at its discretion, may not issue any refund, including the remaining prepaid Fees. Any refunds, if applicable, will be refunded to the original payment method only.
xCloud may offer coupons or discount codes for customers to be used at the time of the initial purchase. Unauthorized use may result in termination of services.
Refund Policy
xCloud offers a clear and fair refund policy across all its services:
– LTD & Self-Managed Hosting: 14-day refund – no questions asked.
– xCloud Managed Servers & Provider Servers: We follow a pay-as-you-go model. If you delete your server, you pay only for the time you used. The unused amount is refunded after deducting the applicable Stripe processing fee.
We use the third-party payment processor ‘Stripe’ to process payments. All transactions are subject to the terms and conditions of the payment processor. If you delete your xCloud Managed Server, you will be charged for the total usage of the server, along with up to 10% Stripe fee based on the used amount. You will be billed for a minimum of one day, regardless of whether you delete the server within an hour or a day of provisioning, including the associated Stripe fee. The remaining unused amount, after deducting the used amount and Stripe fees, will be refunded to your account.
– Hosting Addons: All addon purchases (Mailbox, Mail Delivery, Site Security PRO) are final and non-refundable.
– Free Plan: No charges, so no refunds apply.
Approved refunds are processed within 5–10 business days and returned to your original payment method. All refund amounts are calculated in USD.
Disclaimers
Except as specifically stated, the xCloud services are provided “as is” and “as available” with no warranties of any kind, including implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. xCloud and its directors, employees, agents, suppliers, partners, and content providers do not warrant:
- The prevention of website infection or re-infection.
- Website operation after cleaning.
- Security or availability at specific times.
- Error correction.
- Virus-free content.
- Satisfaction with your specific requirements.
Use of Data
You consent to xCloud using your traffic data for research purposes or to enhance the Services, provided the data remains in an aggregated, non-identifiable form.
Limitation of Liability
xCloud, its officers, directors, employees, agents, suppliers, licensors, and anyone involved in creating, supporting, producing, or delivering the services will not be liable for any errors, omissions, or inaccuracies in the content accessible through our services.
xCloud is not liable for indirect, incidental, consequential, exemplary, or punitive damages or lost profits related to this Agreement or Service provision. xCloud’s cumulative liability is limited to the amount of fees paid in the twelve months preceding the claim.
xCloud’s Services do not guarantee compliance with specific regulations, and xCloud is not responsible for any firewall-related issues, including temporary website access blockage. You are responsible for notifying xCloud in such situations.
Severability Clause
The provisions of this Agreement are considered severable. If any provision is held unenforceable by any court of competent jurisdiction, it shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
Modification Rights
Terms: xCloud reserves the right to modify, update, add, or remove provisions of these Terms at any time by posting the changes on the site and providing notice on the services. We’ll seek your explicit consent where required by law, and our notice will explain how you can accept or reject the changes. If you don’t agree with any updated Terms, simply stop using the services. Unless otherwise required by law, the updated Terms take effect as of the posting date.
Services: xCloud may change the services at any time without prior notice. If you disagree with any changes, your only option is to stop using the services. Continued use after any changes indicates your acknowledgment and satisfaction with the modified services. We also retain the right to discontinue the services or any part of it at any time without notice. We won’t be liable if we exercise our right to modify or discontinue the services.
Paid Subscriptions: If you are under a paid subscription with us, in the event of a price change or substantial service changes, we’ll notify you. Any changes become effective after your current subscription expires. If you disagree with such changes and communicate this to us as per the notification, we won’t automatically renew your subscription, even if you previously agreed to automatic renewal.
Additional Terms: Some features of the services may have additional terms of use (“Additional Terms”) provided when you choose to use them. By using these features, you agree to be bound by the applicable Additional Terms. If there’s a conflict between these Terms and the Additional Terms, the Additional Terms will govern.
Executed Contract(s): If you have a separately executed agreement for services with xCloud (“Contract”), the Contract will supersede these Terms. In case of any conflict, the Contract prevails. If the Contract doesn’t address specific provisions in these Terms, these Terms apply, supplementing the Contract.
Automated and Third-Party Access
You may access the Services through the xCloud Public API, MCP server and authorised third-party integrations, subject to these Terms, published rate limits and the scope you grant. You are responsible for actions taken in your account through any credential or connection you create, including actions initiated by AI assistants acting on your instructions. Destructive operations require your explicit confirmation in the connected tool. You must keep tokens confidential and revoke any connection you no longer use.
Additional Information
xCloud.com has the authority to suspend any instance it suspects of transmitting or being connected with spam or other unsolicited bulk emails. The instance will remain suspended until an investigation and resolution are carried out in collaboration with the account holder. For any questions or comments about this Anti-Spam Policy, feel free to reach out to: support@xcloud.host.