terms of service

Terms of Service

This Terms of Service is an agreement between Customer and XS-HOST.com ("Agreement") and applies to Customer's account(s) with XS-HOST.com. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically, consult this website for changes or amendments to this Agreement. XS-HOST.com is under no obligation to provide notices of any amendment, modification, or update of this Agreement to Customers.

General Provisions

While using Services provided by XS-HOST.com, you agree to the following terms and conditions.

Definitions

"We", "Us", "Provider", or " XS-HOST.com" refers XS-HOST.com and "You", "Your", "Client", or "Customer" refers to each person or entity that applies for internet service or is a designate of any one who applies for internet service with XS-HOST.com.

Services Provided by XS-HOST.com

XS-HOST.com will rent Internet server space ("Services") to its customers for the purpose of allowing customers to provide http internet content to the general public. The Services allow XS-HOST.com customers to maintain internet websites, receive, and maintain e-mail accounts, and access web space via FTP to upload files for their websites. XS-HOST.com customers will use the provided Services in a manner consistent with all applicable State and Federal laws. XS-HOST.com will make no effort to edit, control, monitor, or restrict the content of data other than as necessary to provide Services. If any of the activities referenced below are committed, XS-HOST.com may immediately terminate Customer's account(s) without notice. XS-HOST.com will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement.

Duration of Agreement and Renewals

The Initial Term shall begin upon confirmation of Customer's order, or commencement of the Services to Customer and the Term's length indicated in the Order Form. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated, or cancelled by either party as provided herein. This Agreement may be terminated by either party by giving the other party email notice at least 30 days prior to the renewal date of the Term, or by XS-HOST.com, in the event of non-payment by Customer or by XS-HOST.com, at any time, without notice, if in XS-HOST.com's judgment Customer has in any way breached this Agreement.

Payment Obligations and Cancellations

Payment Obligations: Full payment is required in advance, before hosting service is established. You warrant and represent that the information you supply in the Order Form (or other information that XS-HOST.com may require) is accurate and truthful. All payment-due notices will be sent by Email. No bills or invoices will be sent by postal mail or fax. If payment is not received by the renewal date, your account will be suspended. To activate an account that was suspended due to non-payment you will need to pay $30 re-opening charges. Maximum Period of suspension due to non-payment is 10 days, after which accounts are permanently deleted and terminated. Cancellation: You may cancel at anytime. If you cancel before the first 30 days, please refer to the details under "30 day Money Back Guarantee." If you cancel after the first 30 days from the opening of your account, you will be obligated to pay all fees and charges prior to the effectiveness of the cancellation. Accounts that are terminated by XS-HOST.com for a violation of TOS will not receive any refund. All cancellations must be received in writing as per the deadlines indicated; E-mail notifications are acceptable for cancellation please email info@xs-host.com

30-day Money Back Guarantee

If you are not completely satisfied with our services within the first 30 days from the opening of the account. You will receive a full refund on your hosting fee, excluding setup fees and additional services. If we have cancelled your account due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration fees are non-refundable.

XS-HOST.com will act as a Reseller or Licensor

XS-HOST.com is acting only as a reseller or licensor of the hardware, software, and equipment used in connection with the products and/or Services that were or are manufactured or provided by third parties ("Non- XS-HOST.com Products"). XS-HOST.com shall not be responsible for any changes in the Services that cause the Non- XS-HOST.com Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of XS-HOST.com Product either sold, licensed or provided by XS-HOST.com to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of XS-HOST.com's obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non- XS-HOST.com Product are limited to those rights extended to Customer by the manufacturer of such Non- XS-HOST.com Product. Customer is entitled to use any Non- XS-HOST.com Product supplied by XS-HOST.com only in connection with Customer's permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by XS-HOST.com to Customer through any Non- XS-HOST.com product and shall not attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export, or re-export any Non- XS-HOST.com product, or any technical data derived there from, in violation of any applicable United States or foreign law.

IP Address Ownership

During the course of providing Services to customer, XS-HOST.com may assign to Customer an Internet Protocol address. Customer has no right to a particular IP address under this agreement and accordingly XS-HOST.com shall retain ownership of any IP address or addresses used by Customer. Under this agreement, XS-HOST.com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Caching. Customer expressly grants to XS-HOST.com a license to cache Customer's Content including content supplied by third parties and hosted by XS-HOST.com under this Agreement and Customer agrees to indemnify and hold harmless XS-HOST.com for any infringement of any third party's intellectual property rights thereby affected from said caching.

Customer Use of Services

Client Content:

Normal shared web hosting account holders are not permitted to resell web-hosting services of their website to other parties, to resell we have Reseller hosting. Client agrees that web pages and files uploaded to our servers will not violate any state, federal or foreign laws or regulations, infringe on any intellectual property rights of XS-HOST.com or any third party. Must not be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age, religion; promote hate; or contain viruses or other computer programming defects which result in damage to XS-HOST.com or any third party. Customers may not run IRC bots or clients. Unacceptable uses of our service also include: Bulk emailing, unsolicited emailing, newsgroup spamming, dating services, pornographic content or links to adult websites, nudity, or drugs or linking to websites selling drugs, copyrighted MP3s, copyrighted video movies, illegal content, copyright infringement, trademark infringement, Warrez, hacks, cracks, or software serial numbers. XS-HOST.com will be the sole and final arbiter as to what constitutes a violation of this policy. No Unauthorized Scripts or Executables. Customer agrees not to run any scripts, executables or other programs or processes on XS-HOST.com's servers or other equipment that affect the performance of said equipment.

Disk and Bandwidth Usage

Customer agrees that XS-HOST.com will monitor and measure Customer's bandwidth and disk usage. In the event that Customer exceeds the bandwidth or disk usage allocated to each hosting package XS-HOST.com may take corrective action that may, at XS-HOST.com's sole discretion, include the assessment of additional charges, suspension, disconnection, or discontinuance of all Services, or termination of this Agreement. Customer agrees that in the event of a dispute XS-HOST.com's monitoring reports shall be the final method of determination how much disk space and bandwidth was used and agrees to pay the excess usage charges when due. To avoid unfair resource distribution at no time shall Customer use more than 10 simultaneous processes by and with any of Customer's applications. Sites that use more bandwidth or disk space than their allocated quota will be charged an overage fee or suspended.

Excessive Resource User Policy

Disk and Bandwidth Usage

Resources are defined as bandwidth and/or processor utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the resources available by using 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include CGI scripts, PHP, FTP, HTTP, MySQL etc. A site that consumes more bandwidth or disk space then it is allocated quota is also considered using "excessive resources." This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. XS-HOST.com will be the sole and final arbiter as to what constitutes a violation of this policy. No "Spam" Policy: UCE/UBE or "Spam" originating from a XS-HOST.com account, or associated with a XS-HOST.com account, is not tolerated. This includes any e-mail that promotes web sites hosted on a XS-HOST.com account but is sent from an e-mail address not associated with that XS-HOST.com account. Client shall not use their XS-HOST.com services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. XS-HOST.com reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. False Information: Client agrees not to post false or inaccurate information to news groups in violation of the news groups' rules and regulations. If any news groups or service providers contact XS-HOST.com concerning unethical, false, or unlawful activities by you, XS-HOST.com reserves the right to terminate your service without notice. Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services. Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the Clients responsibility to maintain local copies of their web content and information. If data loss occurs due to negligence of Client in securing their account or by an action of the Client, XS-HOST.com will attempt to recover the data from the most recent archive for a $35.00 fee.

Server/Network Maintenance

You understand and agree that a network outage may and can occur beyond XS-HOST.com's control and XS-HOST.com cannot be held accountable for any such outage or service interruption.

Intellectual Property Rights

Customer acknowledges that XS-HOST.com owns all trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, expertise and other intellectual property rights relating to the Services and their provision. Customer further acknowledges and agrees that nothing in this Agreement shall constitute a license to Customer to resell or trade under any of XS-HOST.com's intellectual property.

Disclaimer of Warranty

You agree to use the Services and any information obtained through or from XS-HOST.com at your own risk. You acknowledge and agree that XS-HOST.com exercises no control over, and accepts no responsibility for, the content of information passing through XS-HOST.com's host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. XS-HOST.com MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. XS-HOST.com MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. XS-HOST.com EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY XS-HOST.com. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY XS-HOST.com PERSON WILL CREATE ANY WARRANTY; NOR MAY CUSTOMER OR ANY OF CUSTOMER'S OWNERS, EMPLOYEES, and OR AGENTS RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement. XS-HOST.com is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of XS-HOST.com. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure, and any and all other service interruptions caused by XS-HOST.com.

No Liability

You agree that XS-HOST.com will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to XS-HOST.com at the time) which may exist in the Services or in XS-HOST.com's equipment used to provide the Services. Under no circumstances will XS-HOST.com be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data, or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. XS-HOST.com will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to XS-HOST.com's records, programs, equipment or services. XS-HOST.com will not be liable for failure or delay in performing its obligations. If such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services. This No liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.

Right to Refuse Service

At its sole discretion, XS-HOST.com has the right to refuse any service or Services to any applicant, Customer, Client whether it be an individual or legal entity.

Indemnification

Customer agrees to indemnify, defend and hold harmless XS-HOST.com, its officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement.

Assignment

Customer will not have the right to assign this Agreement without the prior written consent of XS-HOST.com.

Entire Agreement

This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings, or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect. Any complaints about a subscriber's violation of this TOS should be sent to support@xs-host.com

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