Terms of service:
XLX Host Inc Acceptable Use Policy (AUP) is provided to give our customers
and users a clear understanding of what XLX Host Inc expects of them while
using the service. All users of XLX Host Inc services: those who access some
of our services but do not have accounts, as well as those who pay a service
fee to subscribe to the services, must comply with this AUP and our TOS
(Terms of Service).
Use of XLX Host Inc Service constitutes acceptance and agreement to XLX
Host Inc AUP as well as XLX Host Inc TOS (Terms of Service)
IMPORTANT NOTICE:
Customer private details are encrypted on our systems and will never be
shared with a third party.
We support the uncensored flow of information and ideas over the Internet
and do not actively monitor subscriber activity under normal circumstances.
Similarly, we do not exercise editorial control over the content of any web
site, e-mail transmission, newsgroups, or other material created or
accessible over or through the services, except for certain proprietary Web
sites.
However, in accordance with our TOS (Terms of Service), we may remove any
materials that, in our sole discretion, may be illegal, may subject us to
liability, or which may violate this AUP. XLX Host Inc may cooperate with
legal authorities and/or third parties in the investigation of any suspected
or alleged crime or civil wrongdoing. Your violation of this AUP may result
in the suspension or immediate termination of either your XLX Host Inc
account WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understanding of XLX Host Inc
Acceptable Use Policy. The following are guidelines for the establishment
and enforcement of XLX Host Inc AUP:
i. Ensure reliable service to our customers.
ii.
Ensure security and privacy of our systems and network, as well as the
networks and systems of others.
iii.
Comply with existing laws. Maintain our reputation as a responsible service
provider.
iv.
Encourage responsible use of the Internet and discourage activities which
reduce the usability and value of Internet services.
v. Preserve the value of Internet resources as a conduit for free expression
and exchange of information.
vi. Preserve the privacy and security of individual users.
XLX Host Inc intends to provide its customers access to everything the
Internet has to offer. While XLX Host Inc is firmly committed to the
principles of free speech, certain activities that may be damaging to the
resources of both XLX Host Inc and the Internet and cannot be permitted
under the guise of free speech. The resources of XLX Host Inc and the
Internet are limited, and abuse of these resources by one user has a
negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements
of system utilization and the preparation of billing records. However, in
our efforts to promote good citizenship within the Internet community, we
will respond appropriately if we become aware of inappropriate use of our
service.
You may not use your server or virtual site to publish material, which XLX
Host Inc. determines, at its sole discretion, to be unlawful, indecent or
objectionable. For purposes of this policy, material refers to all forms
of communications including narrative descriptions, graphics (including
photographs, illustrations, images, drawings, logos), executable programs,
video recordings, and audio recordings.
If a XLX Host Inc account is used to violate the Acceptable Use Policy or
our TOS, we reserve the right to terminate your service without notice. We
prefer to advise customers of inappropriate behavior and any necessary
corrective action, however, flagrant violations of the Acceptable Use Policy
will result in immediate termination of service. Our failure to enforce this
policy, for whatever reason, shall not be construed as a waiver of our right
to do so at any time.
As a member of our network community, you must use your Internet access
responsibly. If you have any questions regarding this policy, please contact
us at support@xlxhost.com or open a support ticket.
VIOLATIONS OF XLX Host Inc ACCEPTABLE USE POLICY:
The following constitute violations of this AUP:
1. Illegal activities: XLX Host Inc services may not be used for
illegal purposes, or in support of illegal activities. XLX Host Inc
reserves the right to cooperate with legal authorities and/or injured third
parties in the investigation of any suspected crime or civil wrongdoing.
IMPORTANT NOTICE:
If you uploaded and virus infected content or hacking related materiel your account ll be terminated immediately and you ll not be illegible for refund.
2. Child Pornography: Use of XLX Host Inc service to harm, or
attempt to harm, minors in any way, including, but not limited to child
pornography. Any account found to host child pornography or linking to the
same will be removed from our network immediately without notice. Upon a
second violation the account will be immediately terminated without notice.
Severe cases can result in immediate termination. Any implication of
underage content or misleading information perceived to be child pornography
will result in the same penalties. All violations will be reported to the
appropriate law enforcement agency. Any account found to host Lolita type
content or linking to the same will be given one hour to remove the
offending content/domain. Upon a second violation the account will be
removed from our network immediately without notice. Subsequent violations
can result in the termination of the server without notice. Severe cases can
result in immediate termination. Any implication of underage content or
misleading information perceived to be underage content will result in the
same penalties. All violations will be reported to the appropriate law
enforcement agency.
3. Threatening: Use of XLX Host Inc service to transmit any material
(by e-mail, uploading, posting or otherwise) that threatens or encourages
bodily harm or destruction of property.
4. Harassment: Use of XLX Host Inc service to transmit any material
(by e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity: Use of XLX Host Inc service to make
fraudulent offers to sell or buy products, items, or services, or to advance
any type of financial scam such as pyramid schemes, ponzi schemes, and
chain letters.
6. Forgery or impersonation: Adding, removing or modifying
identifying network header information in an effort to deceive or mislead is
prohibited. Attempting to impersonate any person by using forged headers or
other identifying information is prohibited. The use of anonymous remailers
or nicknames does not constitute impersonation.
7. Email Spamming: Unsolicited commercial e-mail / Unsolicited bulk
e-mail (SPAM) Our servers may not be the source, intermediary, or
destination address involved in the transmission of spam, flames, or mail
bombs. Your domain may not be referenced as originator, intermediary, or
reply-to address in any of the above. SPAM /illegal content advertising
sites on other servers which in turn contain links to a domain on our
servers is prohibited. We consider spam any mass unsolicited message in the
mediums of Newsgroups and Email. You will not use your account for any
bulk-mailing carried out for a third party including and not limited to
another domain off our network. If you are found to have spammed, then we
will immediately, without warning, disable your account. In addition, we
will impose a $150 penalty for each spam policy violation. Penalty for
subsequent violations will be higher. We reserve the right to refuse or
cancel service to known spammers. Lastly, we reserve the right to determine
what violates this policy.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone website that supports spammers or cause any of
our IP space to be listed in any of the various Spam Databases will have
their account immediately removed from our network. The account will not be
reactivated until such time that you agree to remove ANY and ALL traces of
the offending material immediately upon reconnection and agree to allow us
access to the server to confirm that all material has been COMPLETELY
removed. Severe violations may result in immediate and permanent removal of
the server from our network without notice to the customer. Any account
guilty of a second violation WILL be immediately and permanently removed
from our network without notice.
8. E-mail / News Bombing: Malicious intent to impede another persons
use of electronic mail services or news will result in the immediate
termination of the offending XLX Host Inc account.
9. E-mail / Message Forging: Forging any message header, in part or
whole, of any electronic transmission, originating or passing through XLX
Host Inc. service is in violation of this AUP.
10. Usenet Spamming: XLX Host Inc has a zero tolerance policy for
the use of its network for the posting of messages or commercial
advertisements, which violate the rules, regulations, FAQ or charter of any
newsgroups or mailing list. Commercial messages that are appropriate under
the rules of a newsgroup or mailing list or that are solicited by the
recipients are permitted.
11. Unauthorized Access: Use of XLX Host Inc service to access, or
to attempt to access, the accounts of others, or to penetrate, or attempt to
penetrate, security measures of XLX Host Inc or another entitys computer
software or hardware, electronic communications system, or
telecommunications system, whether or not the intrusion results in the
corruption or loss of data, is expressly prohibited and the offending
account is subject to immediate termination.
12. Copyright or Trademark Infringement: Use of XLX Host Inc service
to transmit any material (by e-mail, uploading, posting, hot linking,
directly linking or otherwise) that infringes any copyright, trademark,
patent, trade secret or other proprietary rights of any third party,
including, but not limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs from magazines,
books, or other copyrighted sources, and the unauthorized transmittal of
copyrighted software.
13. Collection of Personal Data: Use of XLX Host Inc service to
collect, or attempt to collect, personal information about third parties
without their knowledge or consent is violation of this AUP.
14. Network disruptions and unfriendly activity: Use of XLX Host Inc
service for any activity which affects the ability of other people or
systems to use XLX Host Inc Services or the Internet. This includes denial
of service (DOS) attacks against another network host or individual user.
Interference with or disruption of other network users, services or
equipment is prohibited. It is the Members responsibility to ensure that
their network is configured in a secure manner. A Subscriber may not,
through action or inaction, allow others to use their network for illegal or
inappropriate actions. A Subscriber may not permit their network, through
action or inaction, to be configured in such a way that gives a third party
the capability to use their network in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company and/or individuals
computer system will result in immediate account termination. XLX Host Inc
will not tolerate any subscriber attempting to access the accounts of
others, or penetrate security measures of other systems, whether or not the
intrusion results in corruption or loss of data.
15. Net Send Spam: The use of the net send utility to send
unsolicited bulk communication is prohibited. This technique may result in
account suspension or termination. Violations of this policy carry severe
penalties, including termination of service.
16. Fraud: Involves a knowing misrepresentation or misleading
statement, writing or activity made with the intent that the person
receiving it will act upon it.
17. Infringement: Infringement of Copyright, Patent, Trademark, Trade
Secret, or Intellectual Property Right: Distribution and/or posting of
copyrighted or the aforementioned infringements will not be tolerated.
18. Distribution of Viruses: Intentional distributions of software
that attempts to and/or causes damage, harassment, or annoyance to persons,
data, and/or computer systems are prohibited. Such an offense will result in
the immediate termination of the offending account.
19. Third Party Accountability: XLX Host Inc subscribers will be
held responsible and accountable for any activity by third parties, using
their account, that violates guidelines created within the Acceptable Use
Policy.
20. Domains Chargeback Resolution: If the charge for a domain or set
of domains is charged back, XLX Host Inc has the right to take control of
the domain or set of domains that was paid for by the disputed charge. XLX
Host Inc. will change the domain account information as needed to take
control of the domain or set of domains. The user is not guaranteed to be
contacted in the event that a chargeback is received.
21. Free Hosting Offers: Offering Free Web hosting service on our Server is strictly prohibited. Doing so may lead to suspension/termination of your account.
21. PTC Sites: We do not allow any Paid to Click or any kind of script like this to be hosted on our server at any cost. Your account ll be terminated without notice at this.
Your Security:
1. Money Back Guarantee: We do offer money back guarantee of 7 days
for our shared and reseller packages. But once any of the clients register a
case against us anywhere (Like Paypal), then Our Money Back Guarantee
becomes NULL and VOID. More over money back guarantee only applies to online
payments (Money Bookers , PayPal etc) but not to bank transfers or money
orders.
2. Your Account/Password: You are responsible for any misuse of your
account, even if the inappropriate activity was committed by a friend,
family member, guest or employee. Therefore, you must take steps to ensure
that others do not gain unauthorized access to your account. In addition,
you may not use your account to breach security of another account or
attempt to gain unauthorized access to another network or server. Your
password provides access to your account. It is your responsibility to keep
your password secure.Sharing your password and account access with
unauthorized users is prohibited. You should take care to prevent others
from using your account since you will be held responsible for such use.
3. Other users Account Password: Attempting to obtain another users
account password is strictly prohibited, and may result in termination of service.You may not attempt to circumvent user authentication or security of
any host, network or account. This includes, but is not limited to,
accessing data not intended for you, logging into or making use of a server
or account you are not expressly authorized to access, or probing the
security of other networks. Use or distribution of tools designed for
compromising security is prohibited. Examples of these tools include, but
are not limited to, password guessing programs, cracking tools or network
probing tools.You may not attempt to interfere with service to any user,
host or network (denial of service attacks). This includes, but is not
limited to, flooding of networks, deliberate attempts to overload a
service, and attempts to crash a host.
4. Voilation Penalties: Users who violate systems or network security
may incur criminal or civil liability. XLX Host Inc will cooperate fully
with investigations of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in the
investigation of suspected criminal violations.
Account and Other Content Related Policies:
1. Resources Usage: You are prohibited from excessive consumption of
resources, including CPU time, memory, disk space and session time. You may
not use resource-intensive programs which negatively impact other customers
or the performances of XLX Host Inc systems or networks. XLX Host Inc
reserves the right to terminate or limit such activities.
2. Onshore Contents: Onshore Shared web hosting, Reseller, Master
reseller and Alpha account holders are not allowed to do warez hosting, copyrighted
materials, torrents, torrentflux, rapidshare, image hosting, video hosting,
Rapid leech,
torrent trackers and similar materials to be ran on your account we reserve
the right to terminate you once reported by authorities or if found by XLX
Host Inc, so if you have any confusion regarding your site contents we
suggest you to please open a tick to get clarified before placing the order.
3. Nulled Contents & Warez : Nulled Contents and warez are not allowed at any cost at the server.
using any kind of illegal, copyrighted materails will result in immediate termination of your account without any notices. Also please note that after termination in case of TOS violation you will not be illegible for any kind refund requests.
4. TOS Revisions: XLX Host Inc reserves the right to revise, amend,
or modify this AUP, our TOS (Terms of Service) and our other policies and
agreements at any time and in any manner. All provisions of this contract
are subject to the TOS (Terms of Service) of XLX Host Inc and AUP
(Acceptable Use Policy). The AUP may be changed from time to time at the
discretion of the Company. Subscriber understands that change to the AUP by
the Company shall not be grounds for early contract termination or
non-payment.
5. Usage of our Services: Use of XLX Host Inc Service constitutes
acceptance and agreement to XLX Host Inc AUP as well as XLX Host Inc TOS
(Terms of Service).
6. Disclosure to Law Enforcement: The AUP specifically prohibits the
use of our service for illegal activities. Therefore, Subscriber agrees that
the Company may disclose any and all subscriber information including
assigned IP numbers, account history, account use, etc. to any law
enforcement agent who makes a written request without further consent or
notification to the Subscriber. In addition XLX Host Inc shall have the
right to terminate all service set forth in this Agreement.
7. Service Rates: Subscriber acknowledges that the nature of the
service furnished and the initial rates and charges have been communicated
to Subscriber. Subscriber is aware that the Company may prospectively change
the specified rates and charges from time to time. The promotional offer is
contingent upon Company achieving and maintaining its cost of service goals
including but not limited to rates charged to company by its suppliers.
8. Payment: Establishment of this service is dependent upon receipt
by the Company of payment of stated charges. Subsequent payments are due on
the anniversary date of the month for that months service or, on the annual
renewal date in case of services purchased annually.
9. Payments and Fees: Checks and Drafts returned for any reason are
subject to returned item charge. Service will be interrupted on accounts
that reach 7 days past due. Service interrupted for nonpayment may be
subject to a reconnect charge fixed at the sole discretion of XLX Host Incs.
Accounts not paid by due date may be subject to a late fee at the sole
discretion of XLX Host Incs. If you desire to cancel your account, please
email billing@xlxhost.com. 30 days before expiry of the account. Failure to
notify cancellation would result in services billed and payable for the next
period.
10. Refund and Disputes: All payments to XLX Host Inc are
non-refundable. This includes any one time setup fee and subsequent charges
regardless of usage. All overcharges or billing disputes must be reported
within 30 days of the time the dispute occurred. If you dispute a charge to
your credit card issuer that, in XLX Host Inc sole discretion is a valid
charge under the provisions of the TOS and /or AUP, you agree to pay XLX
Host Inc. an Administrative Fee of not less than USD 50 and not more than
USD 250 which will result in an immediate termination.
IMPORTANT NOTICE:
If you opened any dispute on online payment (like at PayPal) without just negotiating with us to resolve your ongoing issue your account ll be terminate without any refund. So please be friendly enough to talk to us first before taking any offensive step.
11. Failure to Pay: The Company may temporarily deny service or
terminate this Agreement upon the failure of Subscriber to pay charges when
due. Such termination or denial will not relieve Subscriber of
responsibility for the payment of all accrued charges, plus reasonable
interest and any collection fees.
12. Account Cancellation: Requests for canceling accounts may be made
in writing with at least 7 days notice but not more than 60 days prior
written notice and sent to billing@xlxhost.com. Only the authorized account
holder or a authorized contact may cancel the account. Authorized contacts
are appointed only by the account holder. In the event of cancellation,
customer will automatically be billed for any excess usage during the
then-current calendar month.
13. Acknowledges: Subscriber acknowledges that the service provided
is of such a nature that service can be interrupted for many reasons other
than the negligence of the company and that damages resulting from any
interruption of service are difficult to ascertain. Therefore, subscriber
agrees that the company shall not be liable for any damages arising from
such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the companys liability for its own
negligence may not in any event exceed an amount equivalent to charges
payable by subscriber for services during the period damages occurred. In no
event shall the company be liable for any special or consequential damages,
loss or injury.
14. New Domain Accounts: All new webhosting accounts involving new
domains will be set up and entered into our DNS servers within 24 hours. Due
to unforeseen complications, however, this process may sometimes require up
to 7 business days.
15. Transfer of Domains: New webhosting accounts which involve the
transfer of a domain from another provider to XLX Host Inc will require a
minimum of seven (7) days to be set up and entered into our DNS servers. In
some cases, such transfers may take up to sixty (60) days. Due to the
unpredictable nature of the transfer process, no guarantees are made
regarding the amount of time a specific transfer may take. If the transfer
of the domain is done by XLX Host Inc on behalf of the account holder a
handling fee will be incurred. If the customer cancels service during the
transfer period for any reason, all charges are considered earned.
16. Support Boundaries: XLX Host Incs, provides 24 x 7 technical
support to our subscribers. We limit our technical support to our area of
expertise. The following is our guidelines when providing support: XLX Host
Inc. provides support related to your server or virtual site physical
functioning. XLX Host Inc does not offer tech support for application
specific issues such as cgi programming, html or any other such issue. XLX
Host Inc. does not provide technical support for YOUR customers. If you can
email, we encourage you to email support@xlxhost.com for assistance. If you
are able to get online and have other questions, the answers may be on our
support desk here - we encourage you to check there first. Lastly, the Help
files in the program you are using may have the answer to your question so
please do investigate these resources and send an email or create a ticket
before calling tech support.
17. SPAM and Unsolicited Commercial Email (UCE): XLX Host Inc takes
a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE)
or SPAM over our network. Very simply this means that customers of XLX Host
Inc. may not use or permit others to use our network to transact in UCE.
Customers of XLX Host Inc may not host, or permit hosting of, sites or
information that is advertised by UCE from other networks. In addition, it
is not acceptable to transmit bulk email through remote SOCKS, HTTP or other
similar proxies who in turn make a SMTP (TCP port 25) connection to the
destination mail servers. This technique may result in account suspension or
termination. Violations of this policy carry severe penalties, including
termination of service. In order to prevent unnecessary blacklisting due to
spam we reserve the right to occasionally sample bulk email being sent from
servers.
18. First Violations (UCE): First violations of this policy will
result in an Administrative Fee of $250 and your account will be reviewed
for possible immediate termination. A second violation will result in an
Administrative Fee of $500 and immediate termination of your account.
Users who violate this policy agree that in addition to these
Administrative penalties, they will pay Research Fees not to exceed $175
per hour that XLX Host Inc personnel must spend to investigate the matter.
PLEASE, DO NOT SPAM from your account.
19. Your Clients: As our Customers are ultimately responsible for the
actions of their clients over the XLX Host Inc network, it is advisable
that Customers develop a similar, or stricter, policy for their clients.
20. Data Backups: Customers are advised to maintain data backups on their
home computers or CDs to ensure that they have ready access to their data in
case we have a hardware failure. However, such cases are rare in occurrence,
but cannot be avoided sometimes. This is why we recommend all our clients to
take regular backups for all their important e-mails and data by forwarding
mails to other domain email IDs or by using Outlook.
21. Abuse of Space: As per our policies, at least 90% of your web
pages (HTML) must be LinkedĀ with files (.GIF, .JPEG, etc.) which is stored
in our server. Web space must not be used by your visitor for free upload,
download heavy size file. Web sites containing a large number of unlinked
files or using server space for data storing propose are subject to deletion
of files otherwise we will cancellation the account without prior notice.
22. Large File Policy: XLX Host Inc is not for file hosting and
distribution - as such, customers may not host any files larger than 50MB in
size that are observed to be available for the sole purpose of download.
Such files include but are not limited to .ISO, audio/video files, .EXE
files. If you are unsure whether your file is against this policy, please
e-mail: support@xlxhost.com
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server
that support spammers or cause any of our IP space to be listed in any of
the various Spam Databases will have their server immediately removed from
our network. The server will not be reconnected until such time that you
agree to remove ANY and ALL traces of the offending material immediately
upon reconnection and agree to allow us access to the server to confirm that
all material has been COMPLETELY removed. Severe violations may result in
immediate and permanent removal of the server from our network without
notice to the customer. Any server guilty of a second violation WILL be
immediately and permanently removed from our network without notice.
Network and System:
1. IP Address Ownership: If XLX Host Inc assigns Customer an
Internet Protocol address for Customers use, Customer shall have no right
to use that Internet Protocol address except as permitted by XLX Host Inc
in its sole discretion in connection with the Services, during the term of
this Agreement. XLX Host Inc shall control ownership of all Internet
Protocol numbers and addresses that may be assigned to Customer by XLX Host
Inc., and XLX Host Inc reserves the right to change or remove any and all
such Internet Protocol numbers and addresses, in its sole and absolute
discretion. Our allocation of IP addresses is limited by ARINs new
policies. These new policies state that use of IP addresses for IP based
virtual hosts will not be accepted as justification for new IP addresses.
What this means to you is that you MUST use name-based hosting where
possible. We will periodically review IP address usage, and if we find that
clients are using IP addresses where name-based hosting could be used, we
will revoke authorization to use those IP addresses that could be used with
name-based hosting.
2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk
usage shall not exceed the number of megabytes per month for the Services
ordered by Customer on the Order Form (the Agreed Usage). XLX Host Inc
will monitor Customers bandwidth and disk usage. XLX Host Inc shall have
the right to take corrective action if Customers bandwidth or disk usage
exceeds the Agreed Usage. Such corrective action may include the assessment
of additional charges, disconnection or discontinuance of any and all
Services, or termination of this Agreement, which actions may be taken is in
XLX Host Inc sole and absolute discretion. If XLX Host Inc takes any
corrective action under this section, Customer shall not be entitled to a
refund of any fees paid in advance prior to such action. Bandwidth usage is
measured on a calendar month basis. Both incoming and outgoing traffic are
counted. In the event that a customer exceeds the included allocation, XLX
Host Inc. may, at its sole discretion bill the customer over usage. Unused
bandwidth allocations cannot be carried over to future months, or applied to
other servers.
3. System and Network Security: Users are prohibited from violating
or attempting to violate the security of the XLX Host Inc Network.
Violations of system or network security may result in civil or criminal
liability. XLX Host Inc will investigate occurrences, which may involve
such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such violations.
These violations include, without limitation:
i. Accessing data not intended for such User or logging into a server or
account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization.
iii. Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, flooding, mail
bombing or crashing.
iv. Forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not
entitled.
Miscellaneous Terms:
XLX Host Inc is under no duty to look at each customers or users
activities to determine if a violation of the AUP has occurred, nor do we
assume any responsibility through our AUP to monitor or police
Internet-related activities.
1. First violation: Any User, which XLX Host Inc determines to have
violated any element of this Acceptable Use Policy, shall receive an email,
warning them of the violation. The service may be subject at XLX Host Inc
discretion to a temporary suspension pending a Users agreement in writing,
to refrain from any further violations.
2. Second Violation: Users that XLX Host Inc determines to have
committed a second violation of any element of this Acceptable Use Policy
shall be subject to immediate suspension or termination of service without
further notice.
3. Suspension of Service or Cancellation: XLX Host Inc reserves the
right to suspend network access to any customer if in the judgment of the
XLX Host Inc network administrators the customers server is the source or
target of the violation of any of the other terms of the AUP or for any
other reason which XLX Host Inc chooses. If inappropriate activity is
detected, all accounts of the Customer in question will be deactivated until
an investigation is complete. Prior notification to the Customer is not
assured. In extreme cases, law enforcement will be contacted regarding the
activity. The customer will not be credited for the time the customers
machines were suspended.
4. Terms Changes: XLX Host Inc reserves the right to amend its
policies at any time. All Sub-Networks, resellers and managed servers of XLX
Host Inc. must adhere to the above policies. Failure to follow any term or
condition will be grounds for immediate Cancellation. You will be held
responsible for the actions of your clients in the matter described on these
Terms and conditions. Therefore, it is in your best interest to implement a
similar or stricter Terms and conditions or otherwise called Acceptable
Terms of use policy.
5. Miscellaneous Provisions: You must provide us with, and keep
current, good contact information for you. E-mail, fax, and telephone
contacts are used, in that order of preference.
i. A waiver by the Company of any breach of any provision of this Agreement
by Subscriber shall not operate as or be construed as a continuing or
subsequent waiver thereof or as a waiver of any breach of any other
provision thereof.
ii. Subscriber shall not transfer or assign this Agreement without the prior
written consent of the Company. Company may assign Agreement at anytime
without consent from or notice to Subscriber. Company reserves right to
cancel customers rights under this contract at anytime without further
obligation.
iii. XLX Host Inc takes no responsibility for any material input by others
and not posted to the XLX Host Inc Network by XLX Host Inc XLX Host Inc
is not responsible for the content of any other websites linked to the XLX
Host Inc. Network; links are provided as Internet navigation tools only. XLX
Host Inc. disclaims any responsibility for any such inappropriate use and
any liability to any person or party for any other person or partys
violation of this policy.
iv. XLX Host Inc is not responsible for any damages your business may
suffer. XLX Host Inc does not make implied or written warranties for any of
our services. XLX Host Inc denies any warranty or merchantability for a
specific purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions caused
by XLX Host Inc
6. Responsibility for Content: You, as XLX Host Inc customer, are
solely responsible for the content stored on and served by your XLX Host
Inc. server. Customer agrees not to remove, modify or obscure any copyright,
trademark or other proprietary rights notices that appear on Software
Products or that appear during the use of Software Products. Customer
further agrees not to reverse engineer, decompile, or disassemble the
Software Products.
7. Force Majeure: Neither party shall
lose any rights hereunder or be liable to the other party for damages or
losses on account of failure of performance by the defaulting party if the
failure is occasioned by any occurrence or contingency beyond its reasonable
control, including war, strike, fire, Act of God, earthquake, flood,
lockout, embargo, governmental acts or orders or restrictions, failure of
suppliers, or any other reason where failure to perform is beyond the
reasonable control of the nonperforming party; provided that such party
shall use commercially reasonable efforts to promptly mitigate any damages
or losses.
8. Denial of Service: We reserve the
right to refuse service to anyone at any time for any reason.
9. Verbal abuse: Threatening to any of our staff members will be a
ground for immediate termination of accounts & services without refunds.
10. Account Setup Times: We aim to setup all accounts within our set timescale, however certain conditions arise when these timescales can not be met. If we receive a high volume of orders, we may take a little bit longer than expected to setup your account. All setup times written on the website are only in business hours so weekends and national holidays are not counted in unless otherwise stated.
10. Other Contents: All these just for your information if your site contents are not covered above please open a sopppurt ticket before payment to avoid any inconvenience.
