XTREMESITEHOSTING.COM
POLICY AND SERVICE GUIDELINES (ToS - Terms of Service)

XTREMESITEHOSTING.COM provides web hosting to many different kind of clients. Therefore we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.

FURTHERMORE, these Policies, Guidelines, and Disclaimer are intended for all domains residing on XTREMESITEHOSTING.COM servers or affiliates.

CONTENT:
All services provided by XTREMESITEHOSTING.COM 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. The subscriber agrees to indemnify and hold harmless XTREMESITEHOSTING.COM from any claims resulting from the use of the service which damages the subscriber or any other party. Pornography web hosting is prohibited on all XTREMESITEHOSTING.COM servers. XTREMESITEHOSTING.COM 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 XTREMESITEHOSTING.COM servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links or usage:

Pirated (cracked) software
Hacker programs or archives
Warez sites
Copyrighted Material
Any Site that consumes more than 5% of system resources

XTREMESITEHOSTING.COM will be the sole arbiter as to what constitutes a violation of these terms.

TRAFFIC USAGE:
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, this meaning that 1 mb - 1 gig will be treated and billed as the same. Your account will be suspended automatically by our systems in the case of that the traffic limit has been reached. This is a) to protect you in case a 3rd party is mis-using your account without proper permission (eg. somebody hacked your account) and b) to protect us as we are responsible for paying the increased amount of bandwidth to our wholesaler.

COMMERCIAL ADVERTISING - EMAIL:
Spamming, or the sending of unsolicited email, from an XTREMESITEHOSTING.COM server or using an email address or domain that is maintained on an XTREMESITEHOSTING.COM machine as reference is STRICTLY prohibited. Selling software or services related to email advertising is prohibited, too. XTREMESITEHOSTING.COM will be the sole arbiter as to what constitutes a violation of this provision.

No-Spam Policy

XtremeSiteHosting strictly prohibits Spamming. One of the most serious abuses is using your web hosting account to send unsolicited commercial e-mail, otherwise known as Spam. The following are examples of Spam and are blatantly contrary to our Terms of Service and Acceptable Use Policy, and will result in termination of web hosting services.

Inappropriate E-mail Activities

Commercial e-mail: Defined as sending unsolicited commercial e-mails. This is prohibited. You are not permitted to use your XtremeSiteHosting account or the e-mail alias/account of your Virtual Server to send unsolicited commercial e-mail. Using an e-mail address hosted anywhere on XtremeSiteHosting servers to collect responses from unsolicited commercial e-mail is prohibited. This includes using a throwaway, free e-mail account to promote your XtremeSiteHosting account and redirects for the same account.

Mail Bombing: Defined as sending large volumes of unsolicited e-mail to individuals from your XtremeSiteHosting account. This is strictly prohibited.

Harassment: Defined as sending threatening or harassing e-mail after being requested to stop, is prohibited. Extremely threatening or harassing e-mail never is allowed.

Inappropriate use of Mailing Lists

Purchased Mailing Lists: Mass mailing to purchased mailing lists is not allowed. We allow only opt-in mailing lists. To comply with our no-Spam policy, the recipients on your mailing list must have specifically requested (subscribed) to receive mail from you on this topic. Purchased or inherited lists are, by definition, NOT opt-in. Similarly; you could not start a list about horses and then post to it about boats. Opt-in list mailings must include instructions to unsubscribe (opt-out) in every message.

Inappropriate Newsgroup Activities:

Newsgroup Spamming: This Spam is defined as excessive cross-posting, or posting the same article to several newsgroups. This is prohibited. Generally accepted standards allow no more than 15 newsgroups, or cross-postings, for a single article or substantially similar articles. Such articles may be canceled. You are not allowed to use your XtremeSiteHosting Web Hosting based mail facilities to Spam the newsgroups.

Off topic or inappropriate postings: There is no restriction on content, except as defined by each newsgroup. Continued posting of off-topic articles is prohibited. Please note that commercial advertisements are off-topic and considered Spam in the vast majority of newsgroups.

We take a very dim view of Spam. It is one of the most annoying things encountered on the Internet. Any XtremeSiteHosting client found to be Spamming will have his/her web hosting account terminated immediately - no questions asked (we will investigate the report thoroughly before terminating any account). There is no warning or second chance. If we find that you have violated our Acceptable Usage Policy, we will report you and the incident to the proper local, state and federal authorities and will prosecute you to the full extent of the law.

We are not attempting to censor, nor are we attempting to curtail the business of our customers. But as a whole, Spamming hurts our members and us more than it helps the one who does the Spam. Do yourself, and us, a favor: PLEASE DON'T DO IT.

If you know of any XtremeSiteHosting client that is or might be violating this policy, please send a message or, if possible, forward the Spam in full (including headers) to admin@xtremesitehosting.com

By paying for hosting service, you agree to the terms outlined in this document.

CHAT ROOMS:
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. You can use the chat rooms provided through our control panel.

BACKGROUND RUNNING PROGRAMS:
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC:
We do not allow IRC or IRC bots to be operated on our servers.

SERVER ABUSE:
Any attempt to undermine or cause harm to a server, or customer, of XTREMESITEHOSTING.COM is strictly prohibited.

REFUSAL OF SERVICE:
We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification.

All Sub-Networks, distributive hosting sites and dedicated servers of XTREMESITEHOSTING.COM must adhere to the above policies.

BILLING:
All accounts are billed automatically annually (yearly). It is the clients responsibility to ensure that they have sufficient funds to cover this transaction. The grace period on hosting accounts is three (3) days. As a courtesy we will send an email notification at which point we will need to be provided with payment within 24 hours. If we do not receive a response within 24 hours the account will be deactivated and any accounts under that account plan.

ACCOUNT DEACTIVATIONS:
Any account deactivated due to non-payment will be deactivated and we require a reactivation fee of $25.00 to be paid prior to reactivating the account.

CANCELLATION REFUNDS:
We DO NOT refund partial fees to accounts canceling after their 30 day initial account activation period.

CURRENCY:
All prices are in US-Dollar. We are not responsible for any currency exchange fees of your credit card company or your bank.

LIMITATION OF LIABILITY:
XTREMESITEHOSTING.COM shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from XTREMESITEHOSTING.COM servers going off-line or being unavailable for any reason whatsoever. Furthermore, XTREMESITEHOSTING.COM 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 XTREMESITEHOSTING.COM servers. All damages shall be limited to the immediate termination of service. All clients are advised to pull regular backups of their sites. We cannot be held responsible for missing files, data or lost business out of this.

You agree to indemnify, defend, and hold harmless XTREMESITEHOSTING.COM from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, XTREMESITEHOSTING.COM, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

Violations of these Acceptable Uses Policies should be referred to: admin@xtremesitehosting.com

All complaints will be investigated promptly. Failure to follow any term or condition will be reason for immediate account deactivation.

DISCLAIMER:
XTREMESITEHOSTING.COM cannot be held liable for unexpected 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. We are currently functioning as a reseller for the web hosting services. Thus, certain equipment, routing, software, and programming used by XTREMESITEHOSTING.COM are not directly owned or written by XTREMESITEHOSTING.COM. We also depend on the services and terms of the Seller of these services. If any of our ToS is (for whatever reason) out of the ToS of the seller - the seller's ToS apply. Moreover, XTREMESITEHOSTING.COM 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 XTREMESITEHOSTING.COM sees fit. We cannot be held liable for links to other sites placed on our systems by clients - the client/owner of a site is responsible for the content and activity of his/her site!

ACCOUNT ACTIVATION:
By activating your account with XTREMESITEHOSTING.COM, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

NOTICE: If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.

FURTHERMORE, XTREMESITEHOSTING.COM retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification. Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to XTREMESITEHOSTING.COM, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. You also agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply XTREMESITEHOSTING.COM with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

MONEY-BACK GUARANTEE: If you do not like our service during the first 30 days and you would like to move-on to a different web hosting provider we will refund your web hosting fees. Unfortunately we are not able to refund the setup fees (if there are any) as this is a one-time fee to activate your account. The guarantee is also void if you used more than 2 GB bandwidth on your account. This is to protect XTREMESITEHOSTING.COM from people who move from web host to web host by using similar guarantees to gain access to 'free' resources. 30 days as well as 2 GB bandwidth should give each customer enough time to test our services and performance of our support and of our servers. The 30 day money back guarantee only applies to web hosting services. Domain Name Registration or web design services or any other services we might provide are not included and not covered under this guarantee.

NOTICE:
**If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice and a $25.00 Cancellation fee will apply. ** Also the proper federal (and your local) authorities will be notified of your actions.

**For Domain Name Registrations, please refer to our Domain Registration Agreement.