Terms of Service
“We” includes Xavisys or any party acting on Xavisys’s implicit instructions.
“You” includes the person purchasing the services or any party acting on the customer’s instructions.
“Member” includes the purchaser of services or any party acting on the purchaser’s instructions.
“The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions.
“The Registry” refers to the relevant domain names Registry.
“Server” means the computer server equipment in connection with the provision of the Services, may refer to all services.
“Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet, may refer to all services.
“TOS” includes this agreement.
Xavisys reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://xavisys.com/terms-of-service/
In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
1. Domain Name Registration
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1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name.
You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered.
Any action taken by you before such notification is at your risk.
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1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them.
You shall have no right to bring any claim against us with respect to refusal to register a domain name.
Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
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1.3 We shall have no liability with respect to the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute.
If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name or service.
We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
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1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
2. Our Services
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2.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
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2.2 You shall effect and maintain adequate insurance coverage with respect to any loss or damage to data stored on the Server.
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2.3 You represent, undertake and warrant to us that you will use the Web Site and/or Server allocated to you only for lawful purposes.
In particular, you represent, warrant and undertake to us that:
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2.3.1 you will not use the Web Site and/or Server in any manner which infringes any law or regulation or which infringes the rights of any third part; nor will you authorize or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
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(a) any material which is unlawful, threatening, abusive, malicious or otherwise objectionable as determined by Xavisys in any way.
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(b) any material containing a virus or other hostile computer program.
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(c) any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of the local jurisdiction.
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2.3.3 you will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.
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2.3.4 you will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.
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2.3.5 If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth in our “plans” section. Such payment to be immediate and non-disputable.
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2.4 We reserve the right to remove any material which we deem inappropriate from your Web Site and/or Server without notice.
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2.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.
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2.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
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2.7 You shall ensure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
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2.7.1 Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited.
A Member shall not use another site’s mail server to relay mail without the express permission of the site.
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2.7.2 It is contrary to Xavisys policy for Members to use our servers to effect or participate in any of the following activities:
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(1) To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.
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(2) To send mass e-mailings; whether unsolicited, opt-in, or otherwise.
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(3) To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Xavisys provided server, or using a Xavisys provided server as a mail drop for responses.
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(4) To falsify user information provided to Xavisys or to other users of the service in connection with use of a Xavisys service.
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2.7.2(a) Consequences of Violation:
When Xavisys becomes aware of an alleged violation of its Acceptable Use Policy, Xavisys will initiate an investigation.
During the investigation Xavisys may restrict Member’s access in order to prevent further possible unauthorized activity.
Depending on the severity of the violation, Xavisys may, at its sole discretion, restrict, suspend, or terminate Member’s account and/or pursue other civil remedies.
If such violation is a criminal offense, Xavisys will notify the appropriate law enforcement department of such violation.
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2.7.2(b) You shall be held liable for any and all costs incurred by Xavisys as a result of your violation of these terms and conditions.
This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
Xavisys’s current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $200 per hour, with a minimum one (1) hour charge, plus US $2 for each bulk-email or Usenet message sent, plus US $2 per complaint received. Server maintenance fees of $150 per hour.
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2.7.3 Xavisys does not issue service credits or refunds for any outages incurred through service disablement resulting from Policy violations.
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2.8 Any access to other networks connected to Xavisys must comply with the rules appropriate for those other networks.
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2.9 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
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2.10 You may cancel the Services at any time by sending an E-Mail requesting cancellation of services to hosting@xavisys.com.
Service Availability
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3.1 We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server and/or the Website and/or the Registry.
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3.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of the reason.
We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability.
Also please note that we do not offer any sort of compensation on our network uptime guarantee – such compensation will be given per customer and according to Xavisys’s decision.
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3.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you.
No more than one log-in session under any one account may be used at any time by you.
If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions.
If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
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3.4 In case of outages and downtimes produced by causes out of Xavisys’s control, refunds will not be sent and compensation may be limited or non-existent. Such causes include natural disasters, datacenter fire and other uncontrollable events.
4. Payment
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4.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.
We reserve the right to change pricing at any time although all pricing is guaranteed for the period of prepayment.
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4.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given.
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4.4 PayPal disputes and/or Credit Card Charge-Backs are unacceptable.
You confirm to not open such dispute and/or charge-back or request others to do so for you.
If Xavisys is informed of a dispute and/or a charge-back, the related service will be suspended or terminated (by our sole discretion).
Renewal of access may be possible after the dispute and/or charge-back is removed completely and after a $50 (fifty US Dollars) fee for charge-back hassle.
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4.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
5. Termination
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5.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
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5.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
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5.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
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5.4 No refunds will be made for Services suspended in accordance with 5.1, 5.2 and 5.3.
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5.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time without any refund liability on our part.
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5.6 You may cancel the Services at any time by sending an E-Mail requesting cancellation of services to hosting@xavisys.com.
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5.7 There is no refund guarantee.
Xavisys may or may not provide refund to any customer by our sole discretion.
In order to prevent refund abuse, Xavisys may only provide a refund to a customer once every 10 business days.
As a result of the previous statement, each refund request must be submitted after no less than 10 business days from the previous (latest) refund request.
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5.8 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
6. Indemnity
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6.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
7. Limitation Of Liability
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7.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause.
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7.2 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you with respect to the Services which are the subject of any such claim.
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7.3 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
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7.4 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
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7.5 You are responsible for monitoring Bandwidth and Disk space usage of your Web Site or Server.
If you go over the amount indicated in your current plan; you will assessed a surcharge as set forth in our pricing structure.
8. Support
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8.1 The support feature of our service at present time consists of our Support System solving server related problems only.
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8.2 Support can only be addressed in English through our Support System.
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8.3 All Support requests are to be processed through our Support System. Any other request for support, except as noted in Section 8.4, will be considered a breach of our TOS.
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8.4 In the event of a server outage or other such emergency, you are free to contact us in any manner.
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8.5 There are no support reply time guarantees.
Our support staff works around the clock to answer all tickets and will do its best to reach yours as soon as possible.
Support may sometimes take as long as 48 business hours to reply and more.
On this matter, product setups and services are considered support replies (legal definition) and may too take 48 business hours and more.
Slow reply times are not a liable cause for a refund.
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8.6 Even though 24×7 Support is one of the features that we provide with almost all of our services, we reserve the right to cancel this feature at any time and to no longer provide any type of support.
We would like to note that such action will only be taken under the most extreme circumstances when we believe a customer is wasting precious valuable support resources or when we otherwise believe it’s vital that the support for the specific customer will be blocked.
9. Law
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9.1 This Agreement shall be governed by and construed in accordance with United States law and the laws governing the state of Arizona. You hereby submit to the non-exclusive jurisdiction of the U.S. courts.
10. Headings
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10.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
11. Torturous Conduct
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11.1 No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
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11.2 Any abuse towards any Xavisys employee will not be tolerated.
You are expected to request and respond to support and other issues in a professional manner.
When emailing Xavisys, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at Xavisys or it’s employees shall be considered a violation of this TOS.
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11.3 Any threat; whether verbally, orally, written, or delivered by second parties directed towards Xavisys or any of it’s employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
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11.4 Any conduct viewed as violating this section shall be considered a violation of this TOS. Xavisys will be the sole arbitrator in regards to what is deemed a violation.
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11.5 No refunds shall be given when the contents of this section necessitates removal of the account.
12. Cancellation of Services
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12.1 You may cancel the Services at any time by sending an E-Mail requesting cancellation of services to hosting@xavisys.com.
13. Entire Agreement
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13.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters.
No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions.
In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy with respect to any misrepresentation which has not been made expressly in this Agreement.
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13.2 Xavisys reserves the right to amend these TOS at any time.
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13.3 It is your responsibility to check these Terms of Service on occasion for any such amendments.
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13.4 Xavisys does not guarantee to provide any product or service arranged and confirmed between a staff member and a customer.
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13.5 All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
14. Privacy Policy
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14.1 Xavisys is committed to protecting your personal information and respecting your privacy.
We will never sell, rent, or disclose your personally identifiable information to outside parties without your consent unless compelled by a court of law to do so.
However we do reserve the right to disclose your requirement information (if you are a member) to industry professionals in order to get your job done if needed.
We also reserve the right to disclose your requirement information (if you are a member) to payment companies (such as PayPal) in order to resolve disputes and assist investigation.
We may send you e-mail regarding our new features, news, or other important update information.
In any case, we will never disclose your personally identifiable information to third parties.
We may use various methods to collect information including, cookies and/or IP addresses.
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14.2 Xavisys is committed to protecting your personal files and intellectual property.
We will never access your files unless required to provide support.
When accessing the server, no files will be downloaded or modified unless required to do so for support purposes only.
15. Abuse
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15.1 In order to report abuse or any other illegal use of our services and/or products please email abuse@xavisys.com.
