Terms of Service

These Terms of Service (hereinafter referred to as the "Terms" or "Agreement") govern the relationship between Xelvo.net (hereinafter referred to as the "Service Provider," "we," "us," or "our") and the client (hereinafter referred to as the "Client," "you," or "your") regarding the use of the Service Provider's website (hereinafter referred to as the "Website") and the provided services for domain name registration, renewal, and management, as well as related features, content, or applications (collectively with the Website, the "Services").

These Terms apply to all users of the Services, including any sub-subscribers. Your use of the Services in any manner signifies your agreement to these Terms, as well as all other rules, policies, and procedures that may be published by us on the Website from time to time without prior notice.

The Service Provider reserves the right to modify or amend these Terms at any time without prior notice. If such changes are material, the Service Provider will notify you by posting an announcement on the Website or via email. Changes and additions become effective immediately upon their posting on the Website. By continuing to access or use the Services after any such changes or modifications, you thereby agree to be bound by the amended Terms. For this reason, we encourage you to review the Terms each time you use the Services.

All Services provided by the Service Provider must be used for lawful purposes only. The transmission, storage, or provision of any information, data, or materials that violate any legislation is prohibited. The Client agrees to indemnify the Service Provider from any claims arising from the Client's use of the Service Provider's Services that cause harm to the Client or any other party.

1. PROHIBITED ACTIVITIES

The Service Provider is the sole arbiter as to what constitutes a violation of this provision.

Examples of prohibited use of the Service Provider's Services (including, but not limited to):

Spam: Sending unsolicited email using domain names registered or managed through the Service Provider, or any domain that directly or indirectly refers to a Service Provider account, is strictly prohibited.
Unconfirmed Mailings: Subscribing email addresses to any mailing list without the explicit and verifiable permission of the email address owner is prohibited. All mailings managed by Service Provider Clients must be opt-in ("confirmed registration"). A confirmation message received from each address owner must be kept on file for the entire duration of the mailing list. The purchase, sale, or use of third-party email address lists for mailing to any domain hosted with the Service Provider, or referring to any Service Provider account, is prohibited.
Advertising Malware/Activities: Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Agreement or the agreement of any other internet service provider, including, but not limited to, facilitating the means of sending unsolicited bulk email, initiating pings, floods, mail bombs, text bombs, unsolicited bulk text messages, or denial-of-service attacks, is prohibited.
Email Address Harvesting: The cultivation of email addresses or any unauthorized collection of email addresses without prior notification to the email address owner is strictly prohibited.
Association with Spamhaus ROKSO: Operating an account on behalf of or in connection with the resale of any services to persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
Commercial Email Marketing: All commercial email marketing companies must adhere to the CAN-SPAM Act of 2003. Additionally, such companies are prohibited from sending bulk mail from "disposable domain names" with Whois privacy protection.

The Service Provider is the sole arbiter as to what constitutes a violation of this provision.

Examples of prohibited activities within the Service Provider's infrastructure related to domain name management:

Any attempts to undermine or cause harm to the Service Provider's infrastructure related to domain name management, or to the domains of Service Provider Clients, are strictly prohibited, including, but not limited to:

Unauthorized access to an account or domain management systems to which you are not authorized.
Accessing data or taking any action to obtain services not intended for you or your use.
Attempting to probe, scan, or test the vulnerability of any system, subsystem, or network related to domain name management without the owner's permission.
Interfering with, hacking, modifying, or otherwise damaging or disrupting security or authentication measures related to domain name management without proper authorization.
Transmitting materials containing viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programs or mechanisms with the intent or effect of damaging, destroying, disrupting, or otherwise impairing the functionality of a computer system or the operation of a system related to domain names.
Interfering with, intercepting, or expropriating any system, data, or information related to domain names.
Interfering with the service of any user or domain.

The Service Provider is the sole arbiter as to what constitutes a violation of this provision.

Examples of advertising and promotional restrictions for Service Provider Clients (including, but not limited to):

In the following scenarios, Service Provider Clients are prohibited from advertising, promoting, or making claims related to services provided by the Service Provider (e.g., domain registration). This restriction includes what is permitted to be indicated on your website, to Clients, in promotions, and advertising materials. This restriction applies to Client claims related to services provided by the Service Provider.

Any illegal or unlawful activity.
Any services designed to deceive, defraud, defame, coerce, or involve others in illegal activities.

The Service Provider is the sole arbiter as to what constitutes a violation of this provision.

2. DOMAIN NAME REGISTRATION AND MANAGEMENT SERVICES

The Client bears full responsibility for the selection of a domain name, verifying its availability, and ensuring compliance with the rules of the chosen domain zone and registrar. The Client is also responsible for the accuracy and timeliness of all registration data provided for the registration or renewal of a domain name.

The Service Provider acts as an intermediary or domain name registrar, providing services for the registration, renewal, and management of domain names in accordance with the rules and policies of the respective registrars and regulatory bodies (e.g., ICANN).
The Client undertakes to comply with all applicable rules and policies of domain name registrars, as well as any laws and regulations concerning the use of domain names.
The Client independently manages the DNS records of their domain name through the provided control panel. The Service Provider is not responsible for errors or incorrect configuration of DNS records performed by the Client.
In case of technical issues related to domain name management, the Client is recommended to use the ticket messaging system. Technical support for users is provided by the Service Provider exclusively through the specified messaging system.
The Client, to whom domain name registration and management services are provided, confirms their agreement and acknowledgment of the above conditions, as well as the absence of claims.

3. SUPPORT AND DATA

3.1. Support: Service Provider support includes access to technical support provided via phone, ticket system, and email.

3.2. Client dаta: The Client agrees to maintain the accuracy of all data related to domain name registration and management provided to the Service Provider. The Service Provider is not responsible for the loss of a domain name or related issues arising from outdated or inaccurate Client data.

4. SCHEDULED MAINTENANCE AND DOWNTIME

The Service Provider will make every effort to provide the Services 24 hours a day, seven days a week. The Client acknowledges that from time to time, the Services (e.g., domain name control panel, Service Provider's DNS services) may be unavailable or inoperable for various reasons, including periodic maintenance or upgrade procedures ("scheduled downtime"); or service failures, as well as reasons beyond the Service Provider's control or not reasonably foreseeable by the Service Provider, including interruption or failure of telecommunication or digital transmission lines, hostile network attacks, network congestion, or other failures. The Service Provider will provide the Client with at least 72 hours' prior notice of scheduled downtime and will make commercially reasonable efforts to minimize any other disruptions, unavailability, and/or inoperability of its systems. The Service Provider is not responsible for downtime resulting from the Client's actions.

5. ACCOUNT CREATION AND TERMINATION

5.1. Account Details

To use the Service, you must register or pre-create an account with the Service Provider (hereinafter - "account"). The creation and use of accounts are subject to the following terms and conditions:

When creating an account, you are obliged to provide the Service Provider with certain accurate, valid, and up-to-date information, such as, but not limited to, your name, address, phone number, and email address. For an individual, the information provided must include at least: the full name of the account holder, residential address, phone number, and email address. For a legal entity, it is necessary to provide: legal address, company registration number, phone number, email address, and the full name of the account holder authorized to manage it on behalf of the company.
The maximum number of accounts that an individual or legal entity may register with the Service Provider is limited to no more than one (1) account.
You are obliged to keep the provided account information up-to-date. Maintaining your contact information up-to-date may be crucial for receiving Service Provider support, as provided in the SLA.
The Service Provider's retention of your personal information is governed by the Privacy Policy.
At any time, the Service Provider may request valid proof of the account details you have provided, such as, but not limited to, a copy of your personal identification document or your company's license and registration documents. Failure to comply or the provision of false account details may result in the suspension and termination of your account.

5.2. Password Protection and Account Authorization

The Service Provider provides Clients with flexibility regarding their own passwords, account access, and authorization procedures. Clients are responsible for selecting appropriate authentication procedures and choosing the proper information to be used for account authentication. The Client is responsible for protecting the information used to authenticate their account. Responsibility for account access, password protection, and the security of domain name management systems rests with the Client. The Service Provider is not responsible for any damage, direct or indirect, resulting from unauthorized account access, password compromise, or hacking.

5.3. Service Termination

The Service Provider reserves the right, at our sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, as a result of your breach of any of these Terms of Service or any law. Any such termination may result in the forfeiture and destruction of information associated with your account. The Service Provider may provide you with prior notice of its intent to terminate the Services. Any fees paid under this agreement are non-refundable, and any fees due to the Service Provider prior to such termination are immediately payable, including any obligations that may have been incurred prior to termination, such as the Service Provider's collection costs (including attorney's fees) of any such fees or other obligations. Upon termination, all rights granted to the Client by this agreement will immediately cease, and the Client is obliged to immediately cease any use of the Services. If you wish to close your account, you may do so by following the instructions provided below in the "Cancellation Procedure" section. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, user content licenses, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

5.4. Cancellation Procedure

Termination of an account will require valid proof of account ownership. This includes, but is not limited to, the payment password or account passphrase created by Clients. Unprotected information, such as the contact email address or billing address of the account, is not sufficient for security verification. The Service Provider cannot schedule cancellation requests. The Client is responsible for any fees incurred for services to the Client if an official cancellation request is not submitted.

Please note that we store Client activity logs and personal data for at least 36 months.

6. FINANCIAL TERMS

6.1. Invoicing: The account will be billed based on the selected billing cycle for the service. Billing dates recur on the account opening date.

6.2. Refunds: We will provide refunds on a case-by-case basis according to our Refund Policy. In the event of a refund of unused funds, the refund amount will be equal to the amount of unused funds in the account, minus payment system fees for funds transfer. Any violation of the terms of this Service Agreement does not entitle the Client to a refund.

6.3. Credit Card Chargebacks

The fee for a credit card chargeback is equivalent to the payment system's funds transfer fee. The original fee amount and penalty must be paid immediately to ensure that services remain online and accessible. If the Client or anyone paying on their behalf has used a credit card to pay for services resulting in 2 or more chargebacks, this will lead to the cancellation of credit card payment privileges (full payment will be made by money order or bank transfer). This fee will be waived, and credit card payment privileges restored, if the chargeback resulted from an error, provided supporting documentation is presented. If a credit card was used to pay for more than one Client account, resulting in multiple chargebacks, a chargeback fee will be applied to each account. Unpaid balances are subject to the unpaid fees and overdue accounts policy and may result in service suspension or account termination (if the account is closed, all information within it will be deleted).

6.4. Responsibility for Automatic Payments

When a Client creates an automatic payment profile for automatic payment of Service Provider services, the Client is responsible for canceling this profile when they no longer wish to use this payment method for Service Provider services. The Service Provider is not responsible for processing or refunding a payment that was received for a non-existent or disabled service.

6.5. Initiating a Dispute with the Payment System

Please note that the Service Provider reserves the right to immediately terminate all dispute-related accounts and services without a refund if we deem your open dispute with the payment system regarding a refund of funds paid for Service Provider services to be an abuse of the payment system (in case of account termination, all information within the account will be deleted).

6.6. In Case of Client Default (Suspension/Termination of Services Due to Overdue Payment)

All invoices are generated 7 days before the due date. If the Client fails to pay an invoice within 3 days after the missed due date of that invoice, the Service Provider reserves the right to suspend or terminate domain services without further warning. If services are suspended/terminated due to non-payment, the Client must pay all overdue payments up to the day of service suspension/termination to reactivate the service.

6.7. Service Provider's Remedy for Default; Contract Termination

In addition to all rights and remedies granted to the Service Provider in these Terms of Service (including, but not limited to, the right to charge and collect overdue payments), upon the occurrence of an event of default, the Service Provider has the right to (a) terminate domain services to the Client without notice to the Client, (b) terminate domain services to the Client after no less than fifteen (15) days, all at the Client's expense. In the event of such termination, the Client undertakes to immediately pay the Service Provider all fees and other amounts due and payable for services rendered up to and including the effective date of termination.

7. DISPUTE RESOLUTION AND GOVERNING LAW

7.1. Governing Law

The Service Provider operates in accordance with the laws of the countries where it conducts its domain service activities.

7.2. Dispute Resolution

In the event that any dispute between the Service Provider and the Client is not resolved through negotiations, it shall be referred to the Arbitration Court in accordance with applicable law and jurisdiction rules. Each party shall bear its own costs and legal fees for arbitration. The arbitration shall be conducted in the Arbitration Court, unless both parties agree in writing to a different location. Any threat of legal action against the Service Provider may result in the immediate termination of all services provided to you.

8. LIMITATION OF LIABILITY

8.1. Indemnification

The Client agrees to indemnify and hold harmless the Service Provider, its subsidiaries, affiliates, and each of their respective directors, officers, employees, shareholders, and agents (each an "Indemnified Party") from any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all related expenses (collectively referred to as "Losses") that may be incurred by an Indemnified Party and that arise from or are related to the agreement, the Client's use of products and services, a breach of any confidentiality obligation, or any alleged infringement of any trademark, copyright, patent, or other intellectual property right, and shall reimburse the Indemnified Party for all legal and other expenses, including reasonable attorney's fees, incurred by such Indemnified Party in connection with the investigation, defense, or settlement of any Losses, regardless of whether they are related to pending or threatened litigation in which such Indemnified Party is a party.

8.2. Limitation of Damages or Liability

The Service Provider shall not be liable to the Client for harm caused by or related to the Client's services, or the inability to use the services, unless caused by willful misconduct. The Service Provider shall not be liable to the Client for lost profits, indirect, special, or incidental, consequential, or punitive damages. Notwithstanding anything else in these terms or the service agreement, the maximum aggregate liability of the Service Provider and any of its employees, agents, or affiliates, under any theory of law, shall not exceed the average monthly fee it collected on its account. Except as provided in this Service Terms Agreement, the Service Provider provides all products and services "as is," without any warranties, express or implied, and disclaims all implied warranties, including, but not limited to, implied warranties of merchantability for a particular purpose. The Client is solely responsible for the selection, use, and suitability of any product and service, and the Service Provider assumes no responsibility related to the failure of domain registration/management services.

9. USE FOR PROMOTIONAL PURPOSES

The Service Provider may refer to you, your company, or your logo for promotional purposes. Your company name, logos, and services that have been provided to the Client by the Service Provider may be used in promotional materials, advertisements, marketing releases, newsletters, public disclosures, and on the Service Provider's website. This reference will be strictly limited to disclosing that the Service Provider has provided services to the company and will not contain any confidential, proprietary, or private information in such reference. The reference will also not contain any personal identification information or technical information. However, the Service Provider may disclose any information requested by law enforcement agencies or required by court order, applicable laws, or regulations.

10. MISCELLANEOUS PROVISIONS

The Terms of Service may be changed without prior notice. Content that does not comply with these standards may be removed without prior notice to the Client.
These Terms of Service constitute a legally binding agreement between the Client and the Service Provider.
By opening an account, the Client agrees to the above terms.
Anything not specified in the Terms of Service may be interpreted and modified by the Service Provider's administrators without prior notice.
Any violation of these Terms of Service will result in account closure. The Service Provider reserves the right to terminate accounts without prior notice.
Any work or professional services performed or provided by the Service Provider under this Agreement are not considered work for hire.
In the event that the Client is blocked for violating one or more of the Service Provider's Terms of Service, the Service Provider reserves the right to deny access and/or destroy Client data stored in the violator's account.
You are responsible for all actions performed by your account, regardless of whether they were performed by you or others.
Any Client, after ordering the first domain service through billing, is obliged to confirm their email address.