Xtreme Hosting
Xtreme Hosting LLC (the “Company”) agrees to furnish services to the Subscriber, subject to the following Terms of Service (the “TOS”) and Acceptable Use Policy (the “AUP”).
Use of the Company’s services constitutes acceptance and agreement to the Company’s AUP as well as the TOS.
All provisions of this contract are subject to the TOS and AUP of the Company. The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the State of Hawaii.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, Xtreme Hosting shall have the right to terminate all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges in US Dollars. Subsequent payments are due on the anniversary date of the month for that month’s service. All accounts and services provided by the Company to Subscribers residing in the State of Hawaii are subject to the sales tax rate, which is currently 4.712%.
Payments and Fees: Service will be interrupted on accounts that are past due. Accounts not paid by due date are subject to a $8 late fee. Accounts that are not collectable by the Company may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. A $25 fee will be imposed on all returned checks.
Refund and Disputes: All payments to Xtreme Hosting LLC are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Xtreme Hosting’s sole discretion, is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Xtreme Hosting an “Administrative Fee” of not less than $50 and not more than $150.
Failure to Pay: The Company may temporarily
deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to Xtreme Hosting, Attn: Cancellations, PO Box 19006, Honolulu, HI 96819-2554 or email cancellations@xtremehosting.com. You must have all account information to cancel.
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.
New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days.
Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Xtreme Hosting will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Xtreme Hosting on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
Support Boundaries: The Company provides 24×7 email technical support to our subscribers (except for holidays). We limit our technical support to our area of expertise. The following is our guidelines when providing support: Xtreme Hosting provides support related to your server or virtual site physical functioning. Xtreme Hosting does not offer tech support for application specific issues such as cgi programming, html, or any other such issue. Xtreme Hosting does not provide technical support for YOUR customers. If you can email, we encourage you to email support@xtremehosting.com for assistance. If you are able to get online and have other questions, you can contact us via our Member Center. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
SPAM and Unsolicited Commercial Email (UCE): Xtreme Hosting LLC takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply, this means that customers of Xtreme Hosting may not use or permit others to use our network to transact in UCE. Customers of Xtreme Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties including termination of service.
Violation of Xtreme Hosting’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, the Company will initiate an immediate investigation (within 24 hours of notification). During the investigation, Xtreme Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Xtreme Hosting may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Xtreme Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Xtreme Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that Xtreme Hosting personnel must spend to investigate the matter. IN OTHER WORDS, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the Xtreme Hosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Network
IP Address Ownership: If Xtreme Hosting assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to Xtreme Hosting, and Customer shall have no right to use that Internet Protocol address except as permitted by Xtreme Hosting in its sole discretion in connection with the Services, during the term of this Agreement. Xtreme Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Xtreme Hosting, and Xtreme Hosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). Xtreme Hosting will monitor Customer’s bandwidth and disk usage. Xtreme Hosting shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Xtreme Hosting’s sole and absolute discretion. If Xtreme Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
System and Network Security: Users are
prohibited from violating or attempting to violate the security of the Xtreme Hosting Network. Violations of system or network security may result in civil or criminal liability. Xtreme Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or networkluding, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing.”
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation: Xtreme Hosting is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User, which Xtreme Hosting determines to have violated any element of this AUP, shall receive an email, warning them of the violation. The service may be subject at Xtreme Hosting’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
Second Violation: Users that Xtreme Hosting
determines to have committed a second violation
of any element of this Acceptable Use Policy shall
be subject to immediate suspension or termination
of service without further notice.
