Terms of Service
These Terms of Service (the “Agreement”) are an agreement between www.binarilink.com, (“Binarilink” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Binarilink and of the XeronHost.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Binarilink is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the Binarilink Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service for up to 5 cPanel accounts (additional migrations are available at our standard hourly admin rate). We must be able to obtain a FULL cPanel backup from your current host and the compressed account size shall not exceed 1 GB.
We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date.
Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Sales Department to receive a price quote. In no event shall Binarilink be held liable for any lost or missing data or files resulting from a transfer to or from Binarilink. You are solely responsible for backing up your data in all circumstances.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Binarilink Content”), are the proprietary property of Binarilink or Binarilink’s licensors. Binarilink Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Binarilink Content. Any use of Binarilink Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Binarilink Content. All rights to use Binarilink Content that are not expressly granted in this Agreement are reserved by Binarilink and Binarilink’s licensors.
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Binarilink that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
You may not however use your /home/ directory as a location to place backups. Including cPanel/WHM/Third Party applications.
Binarilink exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Binarilink ’s computers, network hubs and points of presence or the Internet. Binarilink does not monitor User Content. However, you acknowledge and agree that XeronHost may, but is not obligated to, immediately take any corrective action in Binarilink’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Binarilink shall have no liability due to any corrective action that Binarilink may take.
Third Party Products and Services
Binarilink may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Binarilink does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Binarilink is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
Binarilink as Reseller or Licensor
Binarilink may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Binarilink Products”). Binarilink shall not be responsible for any changes in the Services that cause any Non-Binarilink Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Binarilink Products, either sold, licensed or provided by Binarilink to you will not be deemed a breach of Binarilink’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Binarilink Product are limited to those rights extended to you by the manufacturer of such Non-XeronHost Product. You are entitled to use any Non-Binarilink Product supplied by Binarilink only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-XeronHost Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-XeronHost Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by Binarilink (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
Account Security and Binarilink Systems
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Binarilink may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Binarilink may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by Binarilink of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, Binarilink may clean-up your account for an additional fee.
Binarilink reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
Compatibility with the Services
You agree to cooperate fully with Binarilink in connection with Binarilink’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Binarilink is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Binarilink to provide the Services, which may be changed by Binarilink from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Binarilink does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
Users may not jump to multiple accounts to abuse “new customer” discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Binarilink reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Binarilink through the user billing tool or through other methods of communication, including notices sent or posted by Binarilink.
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Unless otherwise provided, you agree that until and unless you notify Binarilink of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Binarilink may suspend or terminate your account and pursue the collection costs incurred by Binarilink, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Binarilink will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
It is solely your responsibility to notify Binarilink’s Billing Department via a support ticket created from https://cloud.binarilink.com/ after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Binarilink is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Bangladeshi Taka and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Binarilink is not responsible for any change in exchange rates between the time of payment and the time of refund.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, Bkash, Nagad, Rocket, electronic funds transfers, checks, or any other payment method. Binarilink may report any such misuse or fraudulent use, as determined in Binarilink’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
You have ninety (90) days to dispute any charge or payment processed by Binarilink. If you have any questions concerning a charge on your account, our billing department directly for assistance.
These Terms and Policies are governed in all respects under Bangladeshi laws and International Laws
If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the Binarilink Support Team (the “Refund Request”) within thirty (30) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic hosting fees previously paid by you to Binarilink. Requests for these refunds must be made in writing to the Binarilink Support Team. Refunds will only be issued for basic hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
Refunds are not available for .COM, .NET, .ORG or any other domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by Binarilink through other companies.
Accounts purchased under a promotion, with or without a promo code, are excluded from the 30 Days money back guarantee. Any funds sent to Binarilink which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.
Binarilink may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Binarilink or others or cause Binarilink or others to incur liability, as determined by XeronHost in our sole discretion; or (iv) as otherwise specified in this Agreement. In such an event, Binarilink shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Binarilink may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
CPU, Bandwidth and Disk Usage
All use of hosting space provided by Binarilink is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Binarilink expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other assets that may be caused by a violation of this Agreement or the Acceptable Use Policy. Binarilink may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Binarilink’s terms and conditions.
If your shared server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Binarilink and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit https://clients.xeronhost.com to create a support ticket to our Billing department with justification. Uptime guarantees only apply to shared and reseller solutions.
Binarilink shall not be responsible for any damages your business may suffer. Binarilink makes no warranties of any kind, expressed or implied for the Services. Binarilink disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Binarilink or our employees.
Backups and Data Loss
Binarilink offer automated daily backup using Jet Backup, with 14 daily restore points. And you’re in full control of when your daily backups take place. Restore a clean version of your website – or recover a single file or folder – with just one click. Binarilink recommends that clients backup their data to their personal computers or storage servers. Clients are responsible for their own data. Your use of the Services is at your sole risk. Binarilink is not responsible for files and/or data loss on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Binarilink’s servers.
Disclosure to Law Enforcement
Binarilink may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
Changes to the Agreement or the Services
Binarilink may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Binarilink website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
Binarilink reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Last Updated: 29 July 2021