XstreamHost Terms and Conditions ::
XstreamHost reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. XstreamHost strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other XstreamHost customers and us against such harm.
1. Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any hosting service is rendered, which includes renewals. Prepayment is due each anniversary (one month, one year) 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 time already expended, unless it's within the 30 day money back guarantee.
We do give refunds for full months unused, should you want to cancel prepaid service. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (We do not give partial months refunds).
This only applies to cancellation by the client. If cancellation is done by XstreamHost due to restrictions violation, there will be no refund. XstreamHost will only allow for the discount if cancellation is not the fault of the client, as determined by XstreamHost. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. XstreamHost reserves the right to change prices at any time.
2. Account Cancellation
You may cancel at anytime. To cancel your account, please contact Customer Service at support@xstreamhost.com. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Client's Responsibility to secure email confirmation from XstreamHost that the account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be charged.
If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.
3. Indemnification Policy
You agree to use all XstreamHost services and facilities at your own risk. XstreamHost specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall XstreamHost be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold XstreamHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against XstreamHost, 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, it’s agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless XstreamHost against liabilities arising out of:
1. Any injury to person or property caused by any products sold or otherwise distributed in connection with XstreamHost’s server;
2. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. Copyright infringement
4. Any defective products sold to customer from XstreamHost’s server.
XstreamHost shall be the sole judge of what violates this Policy.4. SPAM Policy
XstreamHost 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 XstreamHost network, by customers or any other users of the XstreamHost network; AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the XstreamHost 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 XstreamHost email address or web site URL is prohibited. The use of XstreamHost servers as a mail drop for responses to activities described above is also prohibited.
If you have any complaints or comments regarding Spam on our network, please direct them via email to support@xstreamhost.com
5. Content Policy
All services provided by XstreamHost 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, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless XstreamHost from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all XstreamHost servers. This includes sites that may infer sexual content, or links to adult content elsewhere. XstreamHost 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 XstreamHost servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Pirated software, cracking programs, warez sites, etc.
Any sites that contains illegal content in them, and are not caught by XstreamHost will take full responsabilities for their sites contents.
Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.
XstreamHost will be the sole arbiter as to what constitutes a violation of this provision.
6. Email Policy
XstreamHost may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 25 email addresses or more than 10 news groups.
7. CGI Scripts Policy
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, [as long as they are not on our banned script's list] however we reserve the right to disable any CGI script that effects normal server operation or service to other XstreamHost customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed.
XstreamHost is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.
8. Traffic Policy
XstreamHost allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. XstreamHost customers are discouraged from storing any files that cause excessive traffic on XstreamHost servers. Please contact XstreamHost Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to XstreamHost or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $3.00 for each gig of traffic exceeded. You will NOT be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel.
9. Backups
The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. We do not back up client accounts, so in the event of loss of data you should have your own backups.
10. Support Policy
It is the client's responsibility to have a good working knowledge of aspects of their site's operation. Please do not expect the XstreamHost support staff to teach you how to use aspects of the tools at your disposal. You can post questions like this into the General Discussion area of the forum and interact with other XstreamHost members for help etc.
XstreamHost reserves the right to amend our Terms and Conditions at any time and without notice.
· 4GB of Bandwidth
· $2.95 a MonthLite ::
· 500MB of Space
· 10GB of Bandwidth
· $5.95 a MonthBasic ::
· 800MB of Space
· 15GB of Bandwidth
· $9.95 a MonthPro ::
· 1000MB of Space
· 20GB of Bandwidth
· $14.95 a MonthMega ::
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