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

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

 

1. Email

1.1. You are responsible for sending mail in accordance with the CAN-SPAM Act. Xtreme-Webhosting.net will take all reasonable steps to ensure accurate and prompt routing of messages, but it will not accept any liability for non-receipt or misrouting or any other failure of email.

 

1.2. UBE and UCE

 

1.2.1. Definitions

 

Bulk (or Broadcast) E-mail
Bulk E-mail is sending of substantively similar e-mails to more than 20 e-mail addresses.

 

Commercial E-mail
Commercial E-mail is any e-mail message, the primary purpose of which is the commercial advertisement or promotion of a commercial product or service, including content on a web site, which is operated for a commercial purpose, or which has as its primary goal a commercial purpose.

 

1.2.2. Xtreme-Webhosting.net's services may not be used to send UBE and UCE (a.k.a. spam). Xtreme-Webhosting.net's systems may not be used to send Unsolicited Bulk E-mails (UBE) or Unsolicited Commercial E-mails (UCE).

Customers or others acting on their behalf may not send UBE or UCE promoting or advertising domain names, URLs or e-mail addresses hosted by Xtreme-Webhosting.net. See RFC2636 for more information on spam.

1.2.3. Other Commercial Announcements

Neither customers nor End Users may post any commercial advertisement on any public bulletin board system or web site unless it is expressly allowed on that system or web site. Complaints will be handled in the same manner as UBE and UCE complaints.

1.2.4. Bulk Mailing Through Xtreme-Webhosting.net

Sending Bulk (or Broadcast) e-mail through or from any Xtreme-Webhosting.net owned server, that is not expressly designed to handle mailing lists, is strictly prohibited. This specifically includes but is not limited to Xtreme-Webhosting.net web servers running any operating system or combination of server software. Violations of this policy may lead to sanctions permanently or temporarily inhibiting the ability to send any mail from those servers or total account termination at Xtreme-Webhosting.net's sole discretion.

1.2.5. Mail Bombing

Mail Bombing is sending more than 10 substantively similar e-mails to the same recipient in any 24-hour period.

Xtreme-Webhosting.net's systems may not be used to engage in Mail Bombing.

 

1.3. Prohibited Services & Protocols

 

1.3.1. IRC

IRC-related programs, including, but not limited to, clients, bots, and servers, may not be run using Xtreme-Webhosting.net's Services. No connections to IRC or IRC-like servers or hosts may be made from Xtreme-Webhosting.net's Services.

1.3.2. Multicast

Customers may not make use of the multicast protocol unless they have a written and signed exemption to this rule from Xtreme-Webhosting.net. Customers using the multicast protocol without prior written authorization will be billed up to $500 per hour that multicast is used.

1.3.3. Open Proxies

Customers may not make use of proxy servers that are not protected by a username and/or password or restricted to specific IP addresses to make indirect network connections to other network services. This includes, but is not limited to, SOCKS proxies, Web proxies, Network address translation (NAT) proxies, Web-based proxy servers and open SMTP relays.

 

1.4. Consequences

 

Xtreme-Webhosting.net expressly reserves the right to suspend or terminate, without notice, all Services for any customer who violates the acceptable uses set out in this contract. The sub-sections in this section are only presented as a guide to how complaints are normally handled. Complaints about any violation or unacceptable activity may lead to suspension or termination of any Service or Services offered by Xtreme-Webhosting.net. No refunds are provided for Services terminated because of any violations of this paragraph.

If practical, we will contact Customer (either by a support ticket, e-mail or telephone) before any action is taken. Where Xtreme-Webhosting.net believes that the violation was accidental or will not be repeated, Xtreme-Webhosting.net may, at its discretion, choose to re-enable Services. In these circumstances Xtreme-Webhosting.net may also place restrictions or further conditions on Customer's use of Xtreme-Webhosting.net's network, require a formal undertaking from them regarding their future conduct or require payment to cover costs incurred by Xtreme-Webhosting.net In dealing with the abuse incident.

In certain circumstances, Xtreme-Webhosting.net may suspend a customer's Services in the interests of preventing further abuse while Xtreme-Webhosting.net investigates.

 

1.5. Consequences of UBE and UCE Complaints

 

UBE and UCE are a material breach of this contract, and will be dealt with firmly by Xtreme-Webhosting.net. Since it is true that complaints do come in about UBE or UCE and the complainant is actually a valid subscriber, there is an allowance as follows: The responsibility lies on Customer to make sure their mailing lists are kept up to date and clean of all non-subscribers. Even responded to warnings under this section will count against the total for subsequent offenses.

 

1.5.1. Two or More Complaints in One 24-Hour Period

If UBE or UCE generates two or more complaints in one 24-hour period, Customer will be notified of those complaints with copies of the reported e-mails. This one chance will be given to cease this activity, secure the network from relaying/abuse, or unsubscribe those who filed the complaints.

 

1.5.2. Five or More Complaints in Three Consecutive 24-Hour Periods

If UBE or UCE generates five or more complaints in three 24-hour periods, Service will be suspended for 10 days. Customer will be notified of those complaints with copies of the reported e-mails. It will be the responsibility of Customer to request reconnection when the ten-day suspension period has expired. A reconnection fee of $150.00 will apply.

 

1.5.3. Eight or More Complaints in Five Consecutive 24-Hour Periods

If UBE or UCE complaints indicate an open relay or open proxy or Xtreme-Webhosting.net discovers an open relay or open proxy through the course of business, Customer will be notified after Services are suspended. Restoration of Service will require written acknowledgement of the reason for suspension and either:

1) An indication that the security issue will be remedied including how this will be achieved; or

2) Customer pays Xtreme-Webhosting.net to remedy the security issue on the Customer's behalf.

 

1.5.4. If Any Portion of Our Network is Blocked or "Blacklisted" by a Third Party

If any Services consumed by a customer, or End User, are found to be the cause for any part of Xtreme-Webhosting.net's network being blocked or "blacklisted" by any third party in any way, Xtreme-Webhosting.net reserves the right to terminate some or all Services offered by Xtreme-Webhosting.net without notice. It is the responsibility of Customer to be sure they and their End Users are not abusing our network and causing problems for other customers.

 

 

 

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.

 

Florida Law

This Agreement shall be governed in all respects by the laws of the State of Florida 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 Florida, 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 AUP Page (http://www.xtreme-webhosting.net/aup.php), 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.