This Web Hosting Agreement (this “Agreement”) sets forth the terms and conditions of your use of XLEcommerce.com, (“XLEcommerce”) for web hosting services. You certify that you are at least 18 years of age. To become a XLEcommerce account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the Online Order forms and any policies that are or may be published by XLEcommerce. This Agreement will become effective when accepted by XLEcommerce. By posting notice 30 days in advance at a web page available on our web site (http://www.xlecommerce.com), XLEcommerce may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.
Scope of Services and Your Obligations
This Agreement defines the terms and conditions of XLEcommerce’s services as offered by XLEcommerce and used by you, including the provision of web hosting services on XLEcommerce’s servers and connectivity to the Internet (the “Services”). XLEcommerce will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, XLEcommerce maintains control and ownership of any and all Internet protocol (“IP”) numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.
XLEcommerce reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. XLEcommerce will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not XLEcommerce’s intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the “CDA”) or any other applicable law.
You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the “DMCA”) and acknowledge that XLEcommerce is a “service provider” under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, XLEcommerce will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, XLEcommerce has a policy of terminating accountholders who are copyright infringers.
Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on XLEcommerce’s servers nor the links to other websites are screened, approved, reviewed or endorsed by XLEcommerce. XLEcommerce is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not XLEcommerce’s statements of advice, opinion or information.
Payment Policies, Fees, and Refunds
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting already billed. Domain registration fees and setup fees are non-refundable.
Every shared hosting account with XLEcommerce features a 30-day money back guarantee. If you choose to cancel your account within the first 30 days email us at [email protected] and provide us with your domain name, uid# and the last four digits of your current billing credit card that we have onfile for verification. Once verified, we will refund shared hosting account monthly fee, exclusive of any set up fees or domain names fees. Accounts closed after 30 days do not qualify for refund of any pre-paid fees. XLEcommerce will only allow for the refund if cancellation is not the fault of the client, as determined by XLEcommerce. Accounts closed for violating the Restrictions policy do not qualify for a refund.
Domain registration/setup fees are nonrefundable. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies XLEcommerce of cancellation. All monetary transactions are in $US dollars. Additional features can be added at any time. XLEcommerce reserves the right to change prices at any time.
If your web site has an ovedue balance, our automated billing system will suspend your account until you pay the overdue balance. XLEcommerce may charge you for a late payment fee equal to one and one-half percent (1.5%) on any overdue balance, or the maximum amount allowed by law if less, for each month or fraction of a month the overdue amount remains unpaid. Please note that it is your responsibility to keep your account current. You can check your account balance at any time by logging into the client portal.
NOTE: Accounts that have been terminated for non-payment, will have all data deleted from our systems and will not be retrievable.
Terms
The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Virginia (without regard to conflicts of laws principles).
Indemnification Policy
You agree to use all XLEcommerce services and facilities at your own risk. XLEcommerce specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall XLEcommerce be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD XLECOMMERCE HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY XLECOMMERCE. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD XLECOMMERCE HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST XLECOMMERCE, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS XLECOMMERCE AGAINST LIABILITIES ARISING OUT OF:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with XLEcommerce’s server;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and any defective products sold to customer from XLEcommerce’s server.
XLEcommerce shall be the sole judge of what violates this Policy.
Account Ownership
XLEcommerce is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username and password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party, intentional or unintentional, who causes damage to your account and/or Web site.
If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to our servers. Once the Web site is published to our servers the account owner has retained ownership of that content.
Domain Registration/transfer
It is your responsibility to verify that the registration of your domain name is complete. And, when the domain name registration comes up for renewal, the Domain Name Registration Company ordinarily will email the contact for your domain to remind you it will soon expire. If you do not keep your domain name’s registration current, then the domain registration will expire and the domain would then become available for others to register. It is your responsibility to be certain that you keep your domain name registered.
SPAM Policy
XLEcommerce is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the XLEcommerce network, by customers or any other users of the XLEcommerce network (including customers’ customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the XLEcommerce server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an XLEcommerce email address or web site URL is prohibited. The use of XLEcommerce servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a “clean up” fee of $200.
Content Policy
All services provided by XLEcommerce 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, or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless XLEcommerce from any claims resulting from the use of the service which damages the subscriber or any other party.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to XLEcommerce servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
- Crypto mining
- Gaming servers
- Adult content
Any illegal activity, spamming or hacking will result in your site being shut down and all your files deleted without warning.
XLEcommerce will be the sole arbiter as to what constitutes a violation of this provision.
Traffic Policy
You will be charged for data transfer that you use beyond the defined data transfer limits without prior notification. All accounts are notified via email when you have gone over your data transfer limit. You can monitor your monthly transfer that you have used in the “Resources” area of your control panel and you can add more data transfer (bandwidth) to your account at any time. Please note that it is your responsibility to monitor your data transfer usage.
Resellers
All Resellers must ensure that their clients also abide by and understand our terms and conditions of service as stated on this page. If a resold client is in violation, we reserve the right to suspend the domain without notice. We do not have any interaction with a Reseller’s client and will only deal with the reseller for any support or account related issues. If there is a problem you cannot resolve we will be happy to assist you if you submit a support request to us. Make sure to include the domain of the client, uid#, and details of the problem. Reseller accounts must keep a current credit card on file. If we attempt to rebill your account for monthly fees and your card is declined, all of your domains are subject to interruption. We first send notice and then will interrupt your main reseller account 5 days after your due date if a card is declined. You will then also be unable to add domains. After 10 days all of your resold domains will be suspended.
You may charge any amount you wish for our services as a reseller and use our text and information from web site and support section as necessary to market your business (except our own graphics or logos) as long as you remain a customer. We are not liable for losses due to your clients or their actions.
We make no promises of profit or income. You are responsible for abiding by laws/tax laws applicable in your place of business.
If you have any questions regarding our policies or services, please contact us.