Terms of Service

Last modified November 18th, 2023

The ensuing is the constitution of commercial relationship, agreement and contract between the Provider, “Provider”, Xentain Solutions Inc. of Canada, British Columbia registered in said province with the Company Number of: BC1426190, and the Client which may be referred to by “Customer” or any applicable second-person pronouns.

Agreement

The Client alleges to follow this contract and all adjacently enforced agreements during the existence of the relationship

The agreement which enforces this as a legally binding contract is the utilization of the Provider’s services by the Client, deliberately fulfilling a checkbox which requires the forming of this contract upon sign-up.

In addition to the Terms of Service, does the Customer agree to the Acceptable Use Policy, Privacy Policy and Service Level Agreement.

One to become the Client, form this agreement and engage in commercial relations with Xentain Solutions Inc. must not fulfill any of the following:

• Be under the age of 13
• Be unable to form, dissolve or sign contracts
• Been in an agreement with Provider before in where Provider terminated said agreement

Governing Factor

The governing factor of this agreement is the Province of British Columbia, a regional jurisdiction of Canada. Any act of legal proceedings requiring judicial presence will be held in the judiciaries of the governing factor.

Definitions

"Service": The commercial offering of Provider;

"Suspended": A Service state where it's inaccessible, by the Provider's reasoning, yet not terminated;

"Terminated": The end of a Service, data erased and billing agreement unamended.

The Relationship

Liabilities

The Client shall act within, on the Provider’s Services under his own liability and responsibility. He agrees to take all accounts of applicable liability under his name.

The Provider shall not in any way shape or form be liable for any financial, business profits, data or reputational losses occurred on and or within its Services.

Said Provider, its directors, partners and employees shall be fully protected from harm and indemnified by the Client.

On occurrence of a data breach the company will withhold liability depending on the situation and decision of authorities such as the UK ICO and EDPS of the EU.

Termination

May any part, at any time terminate the relationship or Service.

Commerce

The Provider shall only take payments through PayPal of PayPal Pte. Ltd, and Stripe of Stripe Inc.

Prices listed on the provider‘s websites and advertisements may change at any time, by any amount without prior notice.

Refunds

Refunds may be applicable in where under twenty-four hours have passed since the Service was purchased.

An exception to the aforestated is on event of where the Service Level Agreement’s Guarantee of Uptime passes its refunded mark.

Failure of Payment

The Failure of Payment, invoice or renewal of service at the end of its billing period starts a phase where the Service shall be deemed as Suspended for a period of seven days unless the invoice is fulfilled and the Service and billing period reinstated. If the Service lays Suspended due to payment overdue for a period of more than seven days will said Service be Terminated and forever inaccessible.

Privacy Disclaimer

One may find their rights of privacy and the depiction of the Provider’s processing of data in their Privacy Policy listed Here

DDoS Protection

For all services labeled "N/A" for DDoS protection, the Provider offers no DDoS protection in that location. The Provider is not responsible for any attacks that may occur on the Customer's service. The Provider will null route the IP address associated with the service for 1 hour if the attack is deemed large enough to affect the network. When the null route expires, the IP address will be automatically unblocked unless the attack is still ongoing.

Blocked Ports

The Provider blocks ports 25, 465 and 587 on all VPS hosting services. This is to prevent spam and abuse of the Provider's network. If the Customer requires these ports open on a service, they may create a support ticket and the Provider can re-enable these ports upon request.

Disclaimer

The Provider is in no way liable for any damages including but not limited to lost profits, business interruption, loss of data, and any direct or indirect damages that are caused by networking services that include but not limited to BGP, IP Blocks, ASNs, etc.

Maintainence/Downtime

Planned Maintainence

Planned maintenance is defined as any maintenance that is announced at least 48 hours in advance. The Provider will announce any planned maintenance via email and/or the Provider's Discord server.

Unplanned

Unplanned maintenance is defined as any maintenance that isn't planned by the Provider. Unplanned maintenance is usually caused by upstream providers such as datacenters, network providers, etc. While it is uncommon to occur, The Provider will announce any unplanned maintenance via email and/or the Provider's Discord server and will provide an ETA if available.

Emergency Downtime

Emergency downtime is defined as any downtime that is caused by unexpected events such as but not limited to network outages, hardware failures, etc. The Provider will announce any emergency downtime via email and/or the Provider's Discord server.

External Services

IX Port Orders

Upon the purchase of an IX Port, the Customer agrees that we are not responsible for any issues that may arise from the IX Port that are outside of our control. The Customer is responsible for any and all traffic that is sent through the IX Port. Setup time for IX Ports are between 1-7 business days. As this is a manual process done by the IX provider, we are not responsible for any delays that may occur during this time as it is out of our control. For support with the IX Port, you may contact either the IX provider directly or the Provider through a support ticket in which we will forward to the IX provider.

Colocation

Hardware Abandonment

The Customer is responsible for their data, hardware, and services with the Provider. If the Customer fails to pay an invoice within 24 hours of the due date, the Customer's hardware will be powered off and disconnected from the Provider's network and will be considered Suspended. After a period of 7 days has passed while the service is Suspended, the Customer's hardware will be deracked, held in storage, and the Customer is subject to a $50 fee to get the hardware back. After another period of 30 or more days passes while being in the Suspended state, the Provider will consider the item abandoned and will take ownership of the item. If hardware is deemed abandoned, the Provider will be consider this in the Terminated state.

Violatory Content

In addition to Terms listed under ”Copyright” is anything illegal according to the governing factors or the Service’s location local law; anything deemed Fraudulent or Excessive Usage by the Provider prohibited on its platform. For definitions on “Excessive Usage” and “Fraudulent” one should look towards the Acceptable Use Policy listed Here

Copyright

The copyright law of the Canada and others, depending on the Service’s hosted location, apply.

Any violation of the applicable laws allows the Provider full right to Terminate, Suspend the Service or relationship, or demand removal of violatory content.

Provider will only act as a middleman or non-afflicting third-party in regard to disputed report(s) or violation(s) of copyrighted material, and shall therefore not be liable for the violations.

Alteration to the Terms

Changes to be or have been made to any document amended by Provider including the current shall not require any notification to the other parties, it is under their duty to make sure their acknowledgement of any terms is correct at all times.

AUP Violations

The Provider reserves the right tharge the Client for violations of the AUP, the fee usually depends on the severity of the violation. The Provider may also suspend or terminate the Service if the violation is severe enough. If the Client has any questions regarding the AUP, they may open a support ticket.

DMCA

If you think that our platform hosts copyrighted content, we advise that you submit a formal DMCA request in accordance with 17 U.S.C. 512(c)(3) (A). Any reports of abuse should be submitted to abuse@xentain.com or through the Abuse Department tickets in our client area. Please be sure to provide documentation of a valid copyright as well as your identity as the copyright holder or a representative of the copyright holder when making a complaint for copyright infringement. Anytime you can, kindly offer a DMCA takedown request that has been ordered by a court.