Terms of Service

XT Servers provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of XT Servers are subject to the following terms of service:

Indemnification Policy

You agree to use all XT Servers services and facilities at your own risk. XT Servers specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall XT Servers 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 XT Servers harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against XT Servers, 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 XT Servers against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with XT Servers's server.

XT Servers reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from XT Servers's server. XT Servers shall be the sole judge of what violates this Policy.

Billing:

- At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan.
- If you are not satisfied within your first 30 days (or less for some services) we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).

- We currently accept PayPal payments. All services are being set up after payment is received.
- There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Late Payments:

- All accounts are billed according to the dates they were first activated on.
- If you will not pay for service renew in 5 days after deactivation, your account will be suspended.
- If you will not pay for service renew in 30 days after deactivation, your account will be terminated.
- You will receive an email reminder 5 days till deactivation.

Generic Acceptable Usage Policy:

- The AUP (Acceptable Usage Policy) governs the use of XT Servers services. Violation of the AUP may result in suspension or termination of your service. You will be held responsible for all actions performed by your account whether it be done by you or by others. If server security is compromised, the account holder is responsible for all violations of the TOS and AUP, including SPAM, and all disconnect and reconnect fees associated with violations. If you have any questions regarding this AUP, contact our support department. If you have any doubts, please submit a support ticket for clarification.

- All services provided by XT Servers may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any international law is prohibited. This includes, but is not limited to: defamatory/harassing/abusive or threatening language; pirated software; illegal audio or video content (MP3's or others); hacker programs or archives; warez sites; child pornography; phishing sites; lottery and gambling sites; Transmission, storage or presentation of any information, data or material in violation of any International Law is prohibited. The subscriber agrees to indemnify and hold harmless XT Servers and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Users violating the AUP are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

- Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

- Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Service Specific Acceptable Use Policy:

- Shared / Reseller Acceptable Usage Policy (AUP)
- VPS Acceptable Usage Policy (AUP)

LIMITATION OF LIABILITY:

XT Servers shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from XT Servers servers going off-line or being unavailable for any reason whatsoever. Furthermore, XT Servers shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of XT Servers servers. All damages shall be limited to the immediate termination of service.

DISCLAIMER:

XT Servers cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by XT Servers are resold. Thus, certain equipment, routing, software, and programming used by XT Servers are not directly owned or written by XT Servers. Moreover, XT Servers holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as XT Servers sees fit. FURTHERMORE, XT Servers retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.