Acceptable Use Policy and Service Guidelines
Xtreme-Webhosting.net provides web hosting to many clients, and we have a
responsibility to protect each client and to provide the best
services available. The following guidelines were designed to
ensure these obligations are met. This
AGREEMENT (the "Agreement") is made and entered into between
Xtreme-Webhosting.net Website Hosting ("Host") and you ("Client") (each being
referred to individually as a "Party" and collectively as the
"Parties"). By registering for an account with
Xtreme-Webhosting.net you agree to all of the terms and conditions contained
in this agreement:
Services
Website Hosting Services
Host agrees to provide Client with services for
hosting of a site on the World Wide Web portion of the Internet
(the "Web Site") as set forth or described in the Pricing Schedule
contained on this site. Host shall provide the Hosting Services so
that the Web Site is accessible to third parties via the World
Wide Web portion of the Internet as specified herein. Except as
expressly provided herein, Client agrees that Host is responsible
only for providing the Hosting Services, and Host is not
responsible for providing any services or performing any tasks not
specifically set forth in the Pricing Schedule. At the time of
execution of this Agreement, to the extent that Client wishes to
receive from Host Additional Services the arrangements for their
provision shall be set forth in a separate addendum to this
Agreement which is duly executed by the Parties (the "Services
Addendum"), and the Services Addendum shall be incorporated into,
and become a part of this Agreement. (The Hosting Services and the
Additional Services will hereinafter be referred to collectively
as the "Services").
Content
Client shall be responsible for maintaining its
own content via FTP (file transfer protocol).
Availability of Web Site
The Web Site shall be accessible to third
parties via the World Wide Web portion of the Internet twenty-four
(24) hours a day, seven (7) days a week, except for scheduled
maintenance and required repairs, and except for any loss or
interruption of Hosting Services due to causes beyond the control
of Host or which are not reasonably foreseeable by Host,
including, but not limited to, interruption or failure of
telecommunication or digital transmission links and Internet
slow-downs or failures. In the event of any loss or interruption
of Hosting Services, Client's sole and exclusive remedy and Host's
sole and exclusive liability for any loss or interruption of
Hosting Services shall be as follows: for loss or interruption of
Hosting Services which is due to (i) causes other than scheduled
maintenance and required repairs, or (ii) causes beyond the
control of Host, or (iii) causes which are not reasonably
foreseeable by Host, including, but not limited to, interruption
or failure of telecommunication or digital transmission links and
Internet slowdowns or failures, which loss or interruption of
Hosting Services exceeds a continual period of twenty-four (24)
hours, Client shall receive a credit against future Hosting
Services equal to a pro rata portion of Hosting Services fees for
the period of downtime.
Abuse or Misuse of System Resource
Xtreme-Webhosting.net reserves the right to
refuse, cancel, or suspend service at our sole discretion base on
resource misuse or abuse.
Any attempt to undermine or cause harm to a server, or
customer, of Xtreme-Webhosting.net is strictly prohibited. This
includes, but is not limited to:
- Using programs that consume excessive CPU time
- No more than 5% of overall system utilization
- Allowing the use of mail services, mail forwarding
capabilities, or autoresponders other than for the customer's
own account
- Resale of disk space without an appropriate reseller
agreement
- Use of servers for backup of files unrelated to the web site
of the account
- No storage of MP3 or any other copyrighted audio material
- Pirated software
- Hacker programs or archives
- Warez sites
- Resale or remote access to CGI scripts installed on our
servers
- No IRC related software is permitted on our servers. This
includes servers, bots, bouncers, or any other software that is
used for the purpose of creating, maintaining, or providing
access to IRC servers or channels.
Accounts that are found to have such software uploaded to their
web space are subject to immediate suspension and/or termination
without notice.
Domain Name Registration
As part of the initial Website Hosting Services, Client
shall provide Host with a registered domain name, or Host shall
register domain name(s) selected by Client provided that such
domain name is available for registration and does not violate any
ICANN or other registration services' policies, or any law or
regulation. Client agrees to promptly reimburse to Host any fees
paid by Host to a domain-name registrar or other registration
services with respect to the registration and maintenance of such
domain name.
Domain Name Disputes
Host shall not be liable for any domain-name
disputes which Client may enter into or otherwise encounter. Such
disputes shall be governed by the relevant ICANN dispute
procedures adopted by the domain-name registrar with which
Client's domain-name has been registered.
Additional Storage and Transfer
In the event that the Web Site requires storage
and transfer on the Host Server which exceeds the amount of
storage included in the Hosting Services, Client may, upon two (2)
days written e-mail notice to Host, request that Host (a) upgrade
the level of Hosting Services, or (b) acquire additional
incremental storage to be included in the Hosting Services, on a
time and materials basis and in accordance with the Pricing
Schedule hereto. Host shall review all such requests and
determine, in consultation with Client, whether it can reasonably
comply with such requests and, if so, Host shall propose a
procedure and budget for complying with such request.
Client Content
Client assumes sole responsibility for (a)
acquiring any authorization(s) necessary for hypertext links to
third party web sites, (b) the accuracy of materials on the Web
Site, including, without limitation, Client Content, descriptive
claims, warranties, guarantees, nature of business, and address
where business is conducted, and (c) ensuring that the Client
Content does not infringe or violate any right of any third party.
Notwithstanding the foregoing, Host reserves the right, in its
sole discretion, to exclude or remove from the Web Site any
hypertext links to third party web sites, any Client Content on
the Web Site, or other content not supplied by Host which, in
Host's sole reasonable discretion, may violate or infringe any law
or third party rights or which otherwise exposes or potentially
exposes Host to civil or criminal liability or public ridicule,
provided that such right shall not place an obligation on Host to
monitor or exert editorial control over the Web Site.
All Xtreme-Webhosting.net Website Hosting service may be used
for lawful purposes only. Transmission, storage, or presentation
of any information, data or material in violation of any United
States Federal, State or City law is prohibited. This includes,
but is not limited to: copyrighted material, material we judge to
be threatening or obscene or material protected by trade secret
and other statute, and invasion of privacy. The subscriber agrees
to indemnify and hold harmless Xtreme-Webhosting.net from any
claims resulting from the use of the service which damages the
subscriber or any other party.
All pornographic content and sex-related
merchandising is prohibited on all Xtreme-Webhosting.net
servers. This includes sites that may infer sexual content or
links to adult content elsewhere. Xtreme-Webhosting.net will be
the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any
illegal activity or present content that may be damaging to
Xtreme-Webhosting.net servers or any other server on the Internet.
Links to such materials are also prohibited.
Limitations on Client Content
Client shall place only content that does not
contain any materials which are obscene, threatening, malicious,
which infringe on or violate any applicable law or regulation or
any proprietary, contract, moral, privacy or other third party
right, or which otherwise exposes Host to civil or criminal
liability. Any such materials placed on the Web Site which do not
satisfy the foregoing requirements shall be deemed to be a
material breach of this Agreement.
Commercial Advertising Email/Spam
Spamming, or the sending of unsolicited email,
from a Xtreme-Webhosting.net server or using an email address
or domain that is maintained on an Xtreme-Webhosting.net
Website Hosting
machine as reference is STRICTLY PROHIBITED.
Xtreme-Webhosting.net Website Hosting will be the sole arbiter as to what constitutes a
violation of this provision. Sites that promote, sell, or
otherwise provide access to spamware products or products that are
solely for the purpose of extraction or sale of email addresses or
which are used to send bulk email are not permitted on any
Xtreme-Webhosting.net server. Client shall not send bulk e-mail,
commonly know as spam, from or through their account. Any use of
Client's account to send bulk e-mail shall be a material breach of
this agreement and shall be grounds for immediate cancellation of
Client's account without notice.
Fees
Hosting Services Fees
Client shall pay Host all fees for the Hosting
Services in accordance with the applicable fee and payment
schedule set forth in the Pricing Schedule hereto. Host expressly
reserves the right to change its rates charged hereunder for the
Services during any Renewal Term (as defined herein).
Late Payment
Host may terminate service when any payment is
late and shall not be responsible for maintaining any data Client
may have uploaded to Host's server.
Disclaimer of Warranty
HOST MAKES NO
WARRANTIES HEREUNDER, AND HOST EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Indemnification
A. Client
Client agrees to indemnify, defend, and hold harmless Host, its
directors, officers, employees and agents, and defend any action
brought against same with respect to any claim, demand, cause of
action, debt or liability, including reasonable attorneys' fees,
to the extent that such action is based upon a claim that: (i) if
true, would constitute a breach of any of Client's
representations, warranties, or agreements hereunder; (ii) arises
out of the negligence or willful misconduct of Client; or (iii)
any of the Client Content to be provided by Client hereunder or
other material on the Web Site infringes or violates any rights of
third parties, including without limitation, rights of publicity,
rights of privacy, patents, copyrights, trademarks, trade secrets,
and/or licenses.
B.Host
Host agrees to indemnify, defend, and hold harmless Client, its
directors, officers, employees and agents, and defend any action
brought against same with respect to any claim, demand, cause of
action, debt or liability, including reasonable attorneys' fees,
to the extent that such action arises out of the gross negligence
or willful misconduct of Host.
Notice
In claiming any indemnification hereunder, the
indemnified Party shall promptly provide the indemnifying Party
with written notice of any claim which the indemnified Party
believes falls within the scope of the foregoing paragraphs. The
indemnified Party may, at its own expense, assist in the defense
if it so chooses, provided that the indemnifying Party shall
control such defense and all negotiations relative to the
settlement of any such claim and further provided that any
settlement intended to bind the indemnified Party shall not be
final without the indemnified Party's written consent, which shall
not be unreasonably withheld.
Limitation of Liability
HOST SHALL HAVE NO
LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR
DESTRUCTION OF, THE WEB SITE OR CLIENT'S DATA FILES, PROGRAMS OR
INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. HOST
SHALL HAVE NO LIABILITY WITH RESPECT TO HOST'S OBLIGATIONS UNDER
THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF HOST HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF
HOST TO CLIENT FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL
BE LIMITED TO THE AMOUNT ACTUALLY PAID TO HOST BY CLIENT UNDER
THIS AGREEMENT DURING THE MONTH IMMEDIATELY PRECEDING THE DATE ON
WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF
ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH
OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATIONS, AND OTHER TORTS.
Termination
and Renewal
Term
This Agreement shall be effective when signed
and Clients assent by virtue of clicking the button or checkbox at
the bottom of this agreement shall constitute signing by the
Parties and thereafter shall remain in effect unless earlier
terminated as otherwise provided in this Agreement (the "Initial
Term"). This Agreement shall automatically be renewed beyond the
Initial Term for additional one(1) year terms (each, a "Renewal
Term") unless Client provides Host with a written notice of
termination at least thirty (30) days prior to the expiration of
the Initial Term or the then-current Renewal Term.
Cancellation
Cancellation can be made via email to
cancel@xtreme-webhosting.net.
Although no notice is required, and there is no cancellation fee,
all fees paid for service up to the notice of cancellation are
non-refundable. If cancellation is made within the first 30 days
of service all hosting fees will be refunded. This does not
include fees for domain registration.
Suspension
Activity which results in a suspension or
deactivation of an account will result in a forfeiture of fees
paid. Complaints made regarding abuses of an account will be
grounds for suspension.
Termination
Host may terminate this Agreement at any time
and for any reason by providing written notice of termination to
Client and refunding a pro rata portion of fees paid to Client for
Hosting Services not yet rendered on the date of termination.
Refusal of Service
Xtreme-Webhosting.net reserves the right to
refuse, cancel, or suspend service at our sole discretion.
Termination and Payment
Upon any termination or expiration of this
Agreement, Client shall pay all unpaid and outstanding fees
through the effective date of termination or expiration of this
Agreement.
Entire Agreement
This Agreement and Schedules referenced herein constitute the
entire agreement between Client and Host with respect to the
subject matter hereof and there are no representations,
understandings or agreements which are not fully expressed in this
Agreement.
Force Majeure
Except for the payment of fees by Client, if the
performance of any part of this Agreement by either Party is
prevented, hindered, delayed or otherwise made impracticable by
reason of any flood, riot, fire, judicial or governmental action,
labor disputes, act of God or any other causes beyond the control
of either Party, that Party shall be excused from such to the
extent that it is prevented, hindered or delayed by such causes.
Virginia Law
This Agreement shall be governed in all respects
by the laws of the State of Virginia without regard to its
conflict of laws provisions, and Client and Host agree that the
sole venue and jurisdiction for disputes arising from this
Agreement shall be the appropriate state or federal court located
in the State of Virginia, and Client and Host hereby submit to the
jurisdiction of such courts.
Assignment
Client shall not assign, without the prior
written consent of Host, its rights, duties or obligations under
this Agreement to any person or entity, in whole or in part,
whether by assignment, merger, transfer of assets, sale of stock,
operation of law or otherwise, and any attempt to do so shall be
deemed a material breach of this Agreement.
Modification and Notice
Host has the right to modify this Agreement. Any
modification is effective immediately upon either a posting on the
Xtreme-Webhosting.net Web Hosting Home Page (http://www.xtreme-webhosting.net),
or upon notice by electronic mail, or U.S. mail. Client's
continued use of the Host's Service following notice of any
modification to this Agreement shall be conclusively deemed an
acceptance of all such modification(s). Client's only right with
respect to any dissatisfaction with any modifications made
pursuant to this provision, or any policies or practices of Host
in providing the Services, including, without limitation, (i) any
change in the content of the Services, or (ii) any change in the
amount or type of Service Fees, is to terminate this agreement by
delivering notice to Host. Such notice will be effective upon
receipt by Host.
Waiver
The waiver of failure of either Party to
exercise any right in any respect provided for herein shall not be
deemed a waiver of any further right hereunder.
Severability
If any provision of this Agreement is determined
to be invalid under any applicable statute or rule of law, it is
to that extent to be deemed omitted, and the balance of the
Agreement shall remain enforceable.
Counterparts
This Agreement may be executed in several
counterparts, all of which taken together shall constitute the
entire agreement between the Parties hereto.
Headings
The section headings used herein are for
reference and convenience only and shall not enter into the
interpretation hereof.
Approvals and Similar Actions
Where agreement, approval, acceptance, consent
or similar action by either Party hereto is required by any
provision of this Agreement, such action shall not be unreasonably
delayed or withheld.
Survival
All provisions of this Agreement relating to Client warranties,
confidentiality, non-disclosure, proprietary rights, limitation of
liability, Client indemnification obligations and payment
obligations shall survive the termination or expiration of this
Agreement.
All sub-networks, distributive hosting sites, and dedicated
servers of Xtreme-Webhosting.net must adhere to the above
policies. Please direct any reports of violations of the above
policies to abuse@tisolutions.com
Failure to follow any term or condition will be grounds for
immediate account deactivation. |
