Terms and Conditions for xcelHosting
Effective Date: February 1, 2025
These Terms and Conditions ("Agreement") govern the use of services provided by Excel Trading LLC, a web hosting service provider ("we," "us," or "our"), located at 120 Center Place Way, St Augustine, FL 32095, and the person or entity ("Customer," "you," or "your") accessing or using our services ("Services"). By using our Services, you agree to be bound by these Terms and Conditions.
1. Agreement Overview
1.1 This Agreement outlines the terms and conditions under which you may access and use our web hosting services.
1.2 By accessing or using our Services, you acknowledge and agree to the terms set forth in this Agreement.
1.3 Excel Trading LLC reserves the right to modify, change, or update these Terms and Conditions at any time. The revised Terms and Conditions will be posted on our website, and the effective date will be updated accordingly.
2. Services Provided
2.1 Web Hosting: We provide static web hosting services, which include data storage, bandwidth allocation, and other technical services necessary for hosting a website.
2.2 Service Level Agreement (SLA): Our Services are provided with a 99.9% uptime guarantee, subject to scheduled maintenance and unforeseen downtime.
2.3 Data Storage: The amount of data storage, bandwidth, and other hosting resources are defined by the plan you choose at the time of signing up.
3. Account and Billing
3.1 Account Creation: You agree to provide accurate and up-to-date information when creating your account with us. Failure to provide accurate information may result in the suspension or termination of your account.
3.2 Billing Cycle: Billing will occur according to the selected hosting plan’s frequency (e.g., monthly, annually). By subscribing to our Services, you authorize us to charge the payment method provided.
3.3 Payment: All payments for Services are due in advance, and the fees are non-refundable. You must maintain a valid payment method to continue using our Services. Failure to make timely payments may result in suspension or termination of your account.
3.4 Late Payments: If a payment is overdue by more than 10 days, we reserve the right to suspend or terminate your account. Reinstatement of services after suspension may incur additional fees.
4. Customer Responsibilities
4.1 Use of Services: You are responsible for using our Services in compliance with all applicable laws, regulations, and rules. You agree not to use the Services for illegal, abusive, or harmful purposes.
4.2 Content Hosting: You are responsible for the content you host on your website. You agree not to host or distribute illegal, harmful, or infringing content, including, but not limited to, material that violates intellectual property rights or harasses others.
4.3 Security: You are responsible for securing your account, passwords, and other sensitive data associated with your use of our Services. You must immediately notify us if you suspect any unauthorized access to your account.
5. Prohibited Uses
5.1 Illegal Activities: You may not use our Services to engage in any illegal activities, including but not limited to fraud, identity theft, phishing, or the distribution of malicious software.
5.2 Abusive Content: You may not upload, post, or distribute any content that is defamatory, obscene, offensive, threatening, or otherwise harmful to others.
5.3 Resource Abuse: You may not use excessive bandwidth, storage, or other resources in a manner that disrupts the Services for other customers. We reserve the right to limit or suspend accounts that exceed reasonable usage limits.
6. Service Availability and Support
6.1 Availability: We strive to provide continuous service and maintain the highest uptime standards. However, our Services may experience outages due to scheduled maintenance, unforeseen technical issues, or force majeure events.
6.2 Technical Support: We offer technical support via email or phone. Our support team will assist you with any issues related to our Services, including server management, performance optimization, and troubleshooting.
7. Privacy and Data Protection
7.1 Data Collection: We collect personal data necessary for providing the Services, including contact information and payment details. You agree to our Privacy Policy, which outlines how we handle and protect your personal information.
7.2 Data Security: We implement reasonable security measures to protect your data. However, you acknowledge that no method of electronic transmission or storage is 100% secure. We are not liable for unauthorized access to your data.
8. Intellectual Property
8.1 Ownership: You retain ownership of the content you upload and host on our servers. However, you grant us a license to store and serve your content as necessary to provide the Services.
8.2 Trademarks: Our trademarks and logos are the property of Excel Trading LLC. You may not use or display these without prior written consent.
9. Limitation of Liability
9.1 No Liability for Loss of Data: We are not liable for any loss of data or damage to your website, whether due to server failure, hacking, or any other cause.
9.2 Limitations: Our liability for any claim arising out of this Agreement is limited to the amount you paid for the Services in the past 12 months prior to the incident.
9.3 Force Majeure: We are not responsible for any failure or delay in performing our obligations due to causes beyond our reasonable control, including but not limited to natural disasters, technical failures, or governmental action.
10. Termination and Cancellation
10.1 Termination by You: You may cancel your account at any time by providing written notice to us. No refunds will be issued for unused time or services.
10.2 Termination by Us: We reserve the right to terminate or suspend your account at any time if you violate these Terms and Conditions, fail to make timely payments, or engage in any activities that harm the integrity of our Services.
10.3 Effect of Termination: Upon termination, all data associated with your account will be deleted. You are responsible for backing up any important data before cancellation.
11. Indemnification
You agree to indemnify and hold harmless Excel Trading LLC, its affiliates, employees, and contractors from any claims, damages, or liabilities arising out of your use of the Services, violation of this Agreement, or violation of any law.
12. Governing Law and Dispute Resolution
12.1 Governing Law: This Agreement is governed by the laws of the state of Florida, USA, without regard to its conflict of law principles.
12.2 Dispute Resolution: Any disputes arising under this Agreement shall be resolved through binding arbitration in Florida, USA, under the rules of the American Arbitration Association (AAA).
13. Miscellaneous
13.1 Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings.
13.2 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
13.3 Assignment: You may not assign or transfer your rights or obligations under this Agreement without our prior written consent.
14. Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us at:
Excel Trading LLC
Email: [email protected]
Phone: +1 (346) 260-8897
Address: 120 Center Place Way, St. Augustine, FL 32095
By using our Services, you agree to these Terms and Conditions.