XR Networks TERMS and Conditions This Document (“T&C”) describes the proper kinds of conduct and prohibited uses of XR Networks’s hosting services (“Services”). The T&C is not exhaustive and XR Networks reserves the right to modify the T&C at any time, effective upon posting of the modified T&C to www.xrnetworks.com. By accepting the terms and conditions of the Agreement, Client agrees to abide by the T&C as modified from time to time. Any violation of the T&C may result in the suspension or termination of Client’s account.
The following stipulations apply to this agreement:
I. XR Networks is not responsible for damage to Client’s data beyond that of reasonable care and/or any stipulations in XR Networks’s facility and contents insurance.
II. XR Networks is not responsible for any loss or damage, or any losses caused as a result of the network being unavailable, or access to the server not being available.
III. Maintenance of the XR Networks network will be provided at any hour as deemed necessary by XR Networks.
IV. Client has the choice of providing support or purchasing support from XR Networks. Any support necessary as the result of a XR Networks problem will be provided at no charge.
V. Back up of data will be the responsibility of Client.
VI. XR Networks will provide IP Address Space as required and justified as part of this agreement.
VII. Client will comply at all times with the terms and conditions of XR Networks’s Acceptable Use Policy (“AUP”) and any modifications or amendments to the AUP as posted on XR Networks’s website (www.xrnetworks.com). The terms of the AUP are incorporated into and made part of this agreement by reference.
All hosting accounts have a full money back guarantee, upon cancellation within 30 days of payment, if the account holder is not satisfied. The amount refunded will be the dollar amount paid to XR Networks, by the account holder, less the bandwidth used by that account for the first 30 days of service. Domain registration fees are not refundable. If we register a domain name, on your behalf, as part of a free registration promotion – cancellation or termination of your account will void the promotion offer and you will be charged $20 for your domain name registration.
You may cancel your hosting account at anytime by notifying us of your intentions. Payment of any outstanding balances will be due in full at the time of cancelation.
The Services enable Client to develop and maintain an Internet presence through which Client can interact with users of the Internet. Generally, XR Networks will not actively monitor, censor, or directly control any content; however, XR Networks provides the Services with the goals of
a) maintaining an image and reputation of XR Networks as a responsible provider of the Services,
b) preserving the value of Internet resources as a conduit for free expression, and
c) encouraging the responsible use of Internet resources and discouraging degrading, libelous or illegal uses of such resources.
Consequently, XR Networks expects Client to take responsibility in using the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette in furtherance of the above stated goals.
Violation of any of these guidelines is strictly prohibited and may result in the immediate suspension or termination of the Services Client receives from XR Networks according to the Agreement. Client shall remain solely liable and responsible for its use of the Services and any and all content that is displayed, uploaded, downloaded or transmitted through the use of the Services.
Illegal or Harmful Use
Client may use the Services only for lawful purposes. XR Networks reserves the right to restrict or prohibit any and all use of the Services. Transmission, distribution, sale or storage of any material in violation of any applicable law, regulation, or this AUP is prohibited. XR Networks may remove such content that it determines, at its sole discretion, is harmful to its servers, systems, network, reputation, good will, other XR Networks customers, or any third party. The following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:
a) Infringement. Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
b) Offensive materials. Transmission, dissemination, sales, storage, or hosting material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive or privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
c) Export Violations. Posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
d) Harmful Content. Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data, or personal information.
e) Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, or promotions including chain letters and pyramid schemes, or furnishing false data on any signup form, contract, online application or registration, or the fraudulent use of any information obtained through the use of the Services including, without limitation, use of credit card numbers.
System and Network Security and Integrity
Violations of XR Networks’s or any third party’s server, system, or network security through the use of the Services are prohibited and may result in criminal and civil liability. XR Networks may investigate incidents involving such violations. XR Networks may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system, or network security violations include, without limitation, the following:
a) Hacking. Unauthorized access to or use of data, systems, server, or networks including any attempt to probe, scan, or test the vulnerability of a system, server, or network, or to breach security or authentication measures without express authorization of the owner of the system, server, or network.
b) Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.
c) Intentional Interference. Interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks, and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command or send messages of any kind designed to interfere with a user’s terminal session via any means locally or by the Internet.
d) Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
e) Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations, such as timing out, placed on the Services.
f) Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.
g) E-mail. Client may not distribute, publish, or send any of the following types of e-mail: unsolicited promotions, advertising, or solicitations (commonly referred to as “spam”) including, without limitation, commercial advertising and informational announcements except to those who have explicitly requested such emails; commercial promotions, advertising, or solicitations, or informational announcements that contain false or misleading information in any form; harassing e-mail, whether through language, frequency, or size of messages; chain letters; malicious e-mail including, without limitation, mailbombing (flooding a user or website with very large or numerous pieces of mail) or trolling (posting outrageous messages to generate numerous responses); e-mails containing forged or falsified information in the header (including sender name and routing information) or any other forged or falsified information.
Indirect or attempted violations of the AUP and actual or attempted violations by a third party on Client’s behalf shall be considered violations of the AUP by Client.
Unsolicited E-mail (anti-spam policy)
Accounts sending unsolicited, as defined by XR Networks*, email/usenet postings, either through our servers or to promote a web site on our servers or to promote a XR Networks affiliate link, will be terminated immediately, will not qualify for a refund and will be charged $50 per complaint filed.
*Unsolicited is defined, by XR Networks as: E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers.
Violation of our anti-spam policy will be grounds for immediate account termination. Web sites deemed offensive, pornographic or racially degrading, by XR Networks, will be removed from our servers without notice. Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, denial of service attacks and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted. Abusive behavior of any type will not be tolerated. Free For All (FFA) link sites and using your account for IRC purposes is not allowed on our servers.
Removal of accounts is at the sole discretion of XR Networks. Failure to remove an account does not constitute an endorsement.
Accounts using software with known vulnerabilities or using excessive server or network resources, will be suspended.
All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers, will be grounds for termination.
Client agrees that it will protect, indemnify, save and hold XR Networks harmless from any and all stipulations, arrears, losses, expenses and assertions, as well as rational attorney’s fees declared against XR Networks, its representatives, its clients, and administration that may arise or result from any service provided or executed or agreed to be executed or any product sold by client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless XR Networks against liabilities arising out of any injury to person or property caused by any products sold or distributed in association with XR Networks’s services, any material furnished by client encroaching or supposedly encroaching on the exclusive rights of a third party, copyright violation and any defective products sold to client from XR Networks’s services.
We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. We cannot guarantee or predict server downtime. Any network problem, or outage, is not covered under any guarantee or warranty and will not be grounds for reimbursement for any subsequent financial damages or losses. Account backups are ultimately the account holder’s responsibility.
Limitation of Liability:
XR Networks’s liability (including, for purposes of this paragraph only, any of its employees, agents or representatives), to Client (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this agreement (including, without limitation, maintenance and support) shall be limited to the amount of the fees paid by Client to XR Networks within 60 days preceding the date Client contends its claim arose. In no event shall XR Networks be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if XR Networks has been advised of, or is aware of, the possibility of such damages.
Disclaimer of Warranties:
XR Networks specifically disclaims all implied warranties including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. Except as otherwise provided in this agreement, any written materials by XR Networks, or other information on XR Networks’s website, shall be for informational purposes only and, whether delivered or disseminated before or after that date of this agreement, shall not create any express warranties, guaranty of performance or contractual obligations.
The relationship between XR Networks and Client under this agreement is that of independent contractors and not partners, joint venturers, or co-owners as participants. Neither party has authority to contract for or bind the other.
Any notice hereunder shall be in writing. Notice shall be deemed to be given upon the earlier of actual receipt or three (3) days after it has been sent, properly addressed and with postage prepaid. Either party may change its address for notice by means of notice to the other party given in accordance with this section.
Governing Law and Forum:
For all disputes arising out of or related to this agreement, THE PARTIES IRREVOCABLY WAIVE THEIR RIGHTS TO TRIAL BY JURY AND ALL SUCH ACTIONS WILL BE TRIED BY THE COURT SITTING WITHOUT A JURY. Client’s address for purposes of service of process shall be the address designated for notices in this agreement. In connection with all actions in which XR Networks is awarded amounts due from Client, XR Networks shall be awarded (either in that action or by way of separate action) its costs and expenses or litigation (including reasonable attorney’s fees) through trial and appeal.
All accounts are emailed an invoice on the recurring billing date. Payment is due upon receipt. For accounts that are paid by credit card, Client authorizes XR Networks to charge recurring billing on the recurring billing date, until Client gives written notice otherwise to XR Networks or until the termination of this agreement.
If payment is returned to XR Networks unpaid, Customer is immediately in default and subject to a returned check charge of $25 from XR Networks. Accounts in default are subject to service interruption without notice. Such interruption does not relieve the Customer of the obligation to pay any outstanding balance.
Accounts in default are subject to an interest charge of the lesser of 1.5% per month, or the maximum rate permitted by law, on the outstanding balance. Reinstatement of Client’s service on the XR Networks network will commence within no more than 24 hours of receipt by XR Networks of all monies due.
If the account is delinquent for a period of 90 days from the invoice date, any property in the possession of XR Networks will become sole property of XR Networks to do with as it sees fit.
All accounts that have not been paid in full may be sent by XR Networks to a collection agency. The Client is responsible for paying all costs of collection including but not limited to reasonable attorney’s fees and, where lawful, collection agency fees.
Client must notify XR Networks in writing of any disputed charges within 30 days of the date of the billing for such charges. If Client does not notify XR Networks within that time period, Client has waived any right to dispute such amounts, either directly or indirectly in any action or efforts to collect amounts due to XR Networks.
End of Service:
XR Networks strives to create a healthy and supportive hosting environment. In the event that Client becomes dissatisfied for any reason and wishes to terminate the agreement, 30 days written notice is required. Termination of this agreement for any reason shall not relieve Client from any liability for amounts owing and accrued prior to the time that such termination becomes effective. In addition, if the agreement is terminated by Client for any reason other than for material breach by XR Networks, XR Networks has no obligation to refund the balance of any monies already paid by Client.
In the event any provision of this agreement is determined to be unenforceable in full, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this agreement will remain in full force and effect.
During the term of this agreement and for a period of time of one (1) year thereafter, Client shall not solicit or hire the services or any individual employed or action as a subcontractor for XR Networks, without the prior written consent of XR Networks.
XR Networks may substitute, change or modify the software or hardware at any time, but shall not thereby substantially alter the technical parameters of the services.
This document may be amended at any time, at the discretion of XR Networks. All accounts are required to comply with any changes made to these policies. Notification of any major changes to the policies will be emailed to all account holders.
If you are unsure if what you are doing is against our TOS, contact us. There are no refunds granted for accounts terminated due to TOS violation.