Please read through these terms before signing up on our site. This applies to all customers.
Last Modified 9:00 PM EST 3/22/2011
"We", "us", "our" and grammatical variants refer to Xtreme Server Host.
"You", "customer", "client" and grammatical variants refer to the person or persons or party responsible for payment and/or managing the services purchased or received.
By purchasing, receiving or utilizing services provided by Xtreme Server Host, you accept and agree to be bound by these terms and conditions. Failure to accept these terms and conditions will result in immediate termination of service without refund. Failure to follow these terms and conditions could result in termination of service without refund.
The Xtreme Server Host Web Site (the "Site") is an online service provided by Xtreme Server Host, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. XTREME SERVER HOST MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Xtreme Server Host, its affiliates or other third party licensors. Other product and company names mentioned in the Site may be the trademarks of their respective owners. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You understand that, except for information, products or services clearly identified as being supplied by Xtreme Server Host, Xtreme Server Host does not operate, control or endorse any information, products or services on the Internet in any way. Except for Xtreme Server Host-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Xtreme Server Host.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. XTREME SERVER HOST PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND XTREME SERVER HOST SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. XTREME SERVER HOST DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
IN NO EVENT WILL XTREME SERVER HOST BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF XTREME SERVER HOST OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, XTREME SERVER HOST LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Xtreme Server Host makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Xtreme Server Host web site (a web site Uniform Resource Locator other than www.xenonservers.com), please understand that it is independent from Xtreme Server Host, and that Xtreme Server Host has no expressed control over the content on that web site. In addition, a link to a Xtreme Server Host web site does not mean that Xtreme Server Host endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless Xtreme Server Host, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Xtreme Server Host and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), 6 (Miscellaneous) and the Service Agreement shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Xtreme Server Host and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Xtreme Server Host failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Xtreme Server Host may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Xtreme Server Host does not provide refunds for game servers, but can choose to on exception basis entirely at the discretion of Xtreme Server Host. Xtreme Server Host does however offer seven day refunds for web hosting. It is not the responsibility of Xtreme Server Host to cancel your PayPal subscription(s) when your service(s) are canceled. If you do not cancel your PayPal subscription(s) upon canceling your service(s), any payment received will not be refunded.
All information provided by you when registering must be correct. You cancel services that you have with us from http://www.billing.xtremeserverhost.com/clientarea.php. It is not the responsibility of Xtreme Server Host to cancel your PayPal subscription(s) when your service(s) are canceled. If you do not cancel your PayPal subscription(s) upon canceling your service(s), any payment received will not be refunded.
We reserve the right to limit or revoke FTP access at any time, with or without reason. FTP access is only to be used to send and receive data directly relating to your game server(s). We reserve the right to remove data that does not meet this criterion. We will notify you if such events occur. If the same data or similar data is re-uploaded, we reserve the right to suspend or terminate your service.
It is solely at Xtreme Server Host discretion to determine what amount of resource usage is not acceptable. Resource usage includes, but is not limited to; processor (CPU) usage, memory (RAM) usage, network (Bandwidth) usage, hard disk space usage. If your game server is found to be using a non-acceptable level of resources, we will work with you to resolve the issue(s). Xtreme Server Host reserves the right to suspend or terminate your service if the problem cannot be resolved.
Xtreme Server Host reserves the right to have our physical servers down for scheduled maintenance 6 hours a month. Xtreme Server Host reserves the right to have our physical servers down for unscheduled maintenance 48 hours a month. In the event of significant data loss or hardware failure, Xtreme Server Host reserves the right to have our physical servers down for up to 96 hours in the period of a month. Significant data loss refers to loss of data that would render our server(s) and/or services unable to properly function in the way that they should. Xtreme Server Host is not responsible for your individual game server(s) downtime, but will work with you through the game server control panel on our web site to resolve the problem. We reserve the right to discontinue support for that particular problem if we are unable to resolve it.
Use of service(s) provided by Xtreme Server Host to transmit or generate content deemed illicit in the United States of America could result in your services being terminated without refund.
Xtreme Server Host does not provide support for any type of computer or programming code. Xtreme Server Host cannot be held responsible for any damage, temporary or permanent, caused to your server(s) due to the additions of 3rd party software. Xtreme Server Host reserves the right to discontinue support service to any persons that cannot maintain civilized communication with support staff, which includes but is not limited to: Foul language, rudeness, threats or demands.
Xtreme Server Host does not maintain backups of your data and cannot be held responsible for any data loss that may occur. We recommend that you maintain your own local backups of files hosted on our servers.