Xtreme Network Solutions

This policy represents the Xtreme Network Solutions Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Xtreme Network Solutions customers agree to when they sign-up for any of the Xtreme Network Solutions hosting services. Xtreme Network Solutions reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by Xtreme Network Solutions agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with Xtreme Network Solutions. Xtreme Network Solutions retains the sole discretion to make judgment regarding any violation by any Xtreme Network Solutions customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer.s services without refund and/or, if deemed appropriate, be legally prosecuted.

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General Provisions
In consideration for Xtreme Network Solutions maintaining one or more accounts (each “Account”), you, as the Xtreme Network Solutions customer, agree to the following terms of service.

Definitions

“We” “Us” or “Provider” or “Xtreme Network Solutions.” .Xtreme Network Solutions.com.
“You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
The Internet and web site hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.

Xtreme Network Solutions however, offers a 99.9% uptime guarantee. This is valid for only the Xtreme Network Solutions servers and our primary co-location internet connection. Xtreme Network Solutions shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, Xtreme Network Solutions is not responsible for any down time caused by any provider.s hardware or network malfunction which is outside of Xtreme Network Solutions capability to directly correct. Xtreme Network Solutions clients are diverse and their web sites and the function of those web sites are diverse and Xtreme Network Solutions cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.

Xtreme Network Solutions MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Xtreme Network Solutions nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Xtreme Network Solutions, even if Xtreme Network Solutions has been advised to the possibility of such damages.

Limitation of Liability
IN NO EVENT SHALL Xtreme Network Solutions BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Xtreme Network Solutions. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Xtreme Network Solutions. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Xtreme Network Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Xtreme Network Solutions. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Xtreme Network Solutions FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Xtreme Network Solutions. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW

Indemnification
You agree to indemnify, defend and hold Xtreme Network Solutions and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Xtreme Network Solutions. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Xtreme Network Solutions. equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Xtreme Network Solutions. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

CHOICE OF LAW
This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of California , County of Los Angeles . The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

Services Provided by Xtreme Network Solutions
Xtreme Network Solutions will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Xtreme Network Solutions members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Xtreme Network Solutions members will use the provided services in a manner consistent with any and all applicable laws. Xtreme Network Solutions provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Xtreme Network Solutions reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Xtreme Network Solutions can terminate client’s account without notification.

Xtreme Network Solutions.com provides timely web site & VPS/VDS hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with Xtreme Network Solutions.com , You agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of Xtreme Network Solutions.com and any employee or contractor of Xtreme Network Solutions.com . Willful misconduct on your part will result in your services with Xtreme Network Solutions.com to be Terminated and your account closed, without notice and refund. Xtreme Network Solutions.com is not responsible for any lose of data or damages.

Client Content:
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Xtreme Network Solutions or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Xtreme Network Solutions or any third party. Customers may not run IRC, bots or clients. Clients may not use Xtreme Network Solutions servers for file storage unrelated to the client’s web site, storage Space is for active web site file pages only. Xtreme Network Solutions’ shared hosting account holders may not act as a reseller, which means that clients may not host any web sites in their addon domains that are not domains owned by the client on record at Xtreme Network Solutions. You will need to opt-in for our reseller hosting service. Unacceptable uses alsoinclude: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing web sites. Xtreme Network Solutions will be the sole and final arbiter as to what constitutes a violation of this policy. Xtreme Network Solutions does not normally monitor the contents of clients servers, however if suspicion occurs, Xtreme Network Solutions reserves the right to investigate and terminate the clients subscription to the service.

Unlimited Features:
What do you mean by “unlimited disk space and bandwidth/data transfer”

We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “Unlimited”. We want you to have the resources available to you to build a great online presence.

Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business web site.

If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.

Excessive Resource User Policy:
Resources are defined as bandwidth, memory and/or processor utilization. Xtreme Network Solutions offers a shared web hosting service in which environment customers may share resources with other customers, therefore it is imperative that Xtreme Network Solutions control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A website is considered using “Excessive amounts of resources” when it monopolies the resources available using 8% or more of system resources for longer than 60 seconds. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. Any site that consumes over the account limit of bandwidth is also considered an “excessive resource” user. In the event of excessive resource usage Xtreme Network Solutions may act in the following manner: if the excessive usage may cause a disruption of service to any other customer, Xtreme Network Solutions may suspend that customer.s account prior to notify that customer, Xtreme Network Solutions may also contact the .excessive usage. customer prior to taking any action if Xtreme Network Solutions feels that the excessive usage will not interfere with the service of any other customer. Client suspensions prior to notification by Xtreme Network Solutions is rare and is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using “excessive resources” may be asked to upgrade his/her package to one of our dedicated server packages to reduce their excessive usage utilization in the future. Xtreme Network Solutions will be the sole and final arbiter as to what constitutes a violation of this policy.

No “Spam”:
UCE/UBE or “Spam” originating from a server located on our network or associated with a Xtreme Network Solutions server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the Xtreme Network Solutions network but is sent from an e-mail address not associated with that Xtreme Network Solutions account. Client shall not use their Xtreme Network Solutions services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Xtreme Network Solutions reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.

Excessive Exploits
Xtreme Network Solutions allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility or our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or Xtreme Network Solutions.com reserves the right to terminate that clients’ account and provide them with a prorated refund.

False Information:
Customer agrees not to post false or inaccurate information to any 3rd party. If any 3rd party or service provider contacts Xtreme Network Solutions concerning unethical, false or unlawful activities by you, Xtreme Network Solutions reserve the right to suspend or terminate your service with or without notice. (Paypal is a 3rd party.)

Licensed Software Only:
Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.

Back-Up Files:
Xtreme Network Solutions provides the tools needed to create back ups of account data. Xtreme Network Solutions also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Xtreme Network Solutions does not provide or keep records or copies of our clients web site files for customer use and is not responsible for any loss of data.

Payment, Renewal, Cancellations

Payment Obligations:
Full payment is required in advance before hosting service is established. Xtreme Network Solutions sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.

You warrant and represent that the information you supply in the Order Form (or other information that Xtreme Network Solutions may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client.s responsibility to ensure that payment is made to Xtreme Network Solutions prior to the renewal date and although Xtreme Network Solutions sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Xtreme Network Solutions, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal.

Renewals:
It is the obligation of the Xtreme Network Solutions customer to know when their account comes up for renewal and if their intention is to non renew their account they must fill out the Xtreme Network Solutions cancellation form 5 business days prior to their account’s renewal date to ensure that Xtreme Network Solutions billing department receives the cancellation request well in advance of the renewal date so that they can stop any renewal charges. Xtreme Network Solutions clients receive email notification 15 days prior to the renewal date of their account informing them that their renewal date is approaching. It is the customer’s responsibility to ensure that Xtreme Network Solutions has a valid email address for which we can send out renewal notices to our clients. If Xtreme Network Solutions does not receive a cancellation request prior to the customer’s renewal we will renew the clients’ account on the renewal date and we will apply the appropriate charges. Accounts will be automatically renewed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). The 30 day money back guarantee applies only to the start date of the clients’ service with Xtreme Network Solutions and does not apply to renewals of service.

Late Fees:
Clients have the option to pay an invoice at any time by logging into their Xtreme Network Solutions account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days (the grace period), the account is automatically suspended and a $15.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $15.00 must be submitted to Xtreme Network Solutions.

Cancellation & Refunds:
Should you become dissatisfied with our services within the first 30 days of your account activation, Xtreme Network Solutions will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are $24.95/yr. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Xtreme Network Solutions hosting service within the 30 day money back guarantee.

In addition refunds are not available for additional services which you may purchase at Xtreme Network Solutions for instance an additional domain name we may purchase for a client is not refundable and a dedicated IP which we may setup for a client for a charge is not refundable.

Web site files are the responsibility of the Xtreme Network Solutions customer and should a Xtreme Network Solutions customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the web site files and any emails from the Xtreme Network Solutions server prior to requesting that Xtreme Network Solutions cancels their account. Once the cancelation request has been submitted to Xtreme Network Solutions a cancelattion of the web site hosting service may occur anytime after the request is received by Xtreme Network Solutions and when a cancelation request is completed the client’s hosting account with Xtreme Network Solutions and their web site files are permenantly removed from the Xtreme Network Solutions servers. Therefore again it is the client’s obligation to ensure that they have downloaded their web site files and any emails from the server prior to their cancelation request.

PayPal Subscription Cancellation
Xtreme Network Solutions customers that use paypal subscriptions and are wanting to cancel there service are required to request a cancellation of there service before the next billing cycle is due, As well as cancel the Subscription in there paypal account, the following link can help customers with more info on how to do this. PayPal Subscription Cancellation howto. Xtreme Network Solutions can not be held responsible for customer that fail to cancel there subscription before the next billing cycle, Xtreme Network Solutions does not give refunds on “Virtual Products”, Though If request by the customer Xtreme Network Solutions may or may not credit said amount back to the customers account.

99.9% Service Level Agreement ” SLA”
Xtreme Network Solutions offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Xtreme Network Solutions will try to maintain maximum uptime. Xtreme Network Solutions is not responsible for any downtime caused by the client.

30-Day Money Back Guarantee
Xtreme Network Solutions offers an unconditional 30-day money back guarantee that covers cancellations of a WEB Hosting account made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their account minus any setup fees , restocking fees and domain name costs which are non-refundable. The guarantee does not apply to VPS/VDS and/or Accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations are also non-refundable. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are $13.00/yr. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Xtreme Network Solutions hosting service within the 30 day money back guarantee. Any questions regarding the 30-day money back guarantee should be forwarded to billing@XtremeNetworkSolutions.com. Xtreme Networks Solutions retains all Domain Rights for the first 60 days from Domain registration.

Ro Support:
While we try to accommodate all of our clients needs, we are not fully managed ragnarok hosting provider. But we like to call ourselves a semi-managed ragnarok hosting provider, Simply because we give you a VPS and allow you to do whatever on it, be it RO hosting or not. We do our best to help with ragnarok support, But please understand we are not eAthena / RO devs. So we don’t offer full ragnarok support. Submit a ticket asking for help of some sort, and we can get to it when we can & will do our best to help, we try to make it less than 48 hours, but like we said, we’re not a fully managed ragnarok service. So our ragnarok support is limited. eAthena’s Forums is always the best place to look for help. All clients are asked to start there before placing a RO support ticket.

Live Chat Support
We do not provide Ragnarok support on our Live Chat System. Live Chat is for Hosting / Sales Support only. Please use our Support Ticket System on our billing site for all other support. Please Allow up to 48 hours for your ticket to be checked.