Terms of Service
At xfluroNET Hosting we have a responsibility to protect each and every client and to provide them with the best services available. The following guidelines were designed to ensure these obligations are met and are intended for all domains residing on our servers. We will be the sole arbiter in determining violations of our provisions We reserve the right, to add to, change, update or modify this terms of use by simply posting changes, updates or modifications on this page at any time, without notice. Any such change, update or modification will be effective immediately upon posting on this page.
Services provided by xfluroNET Hosting may not be used for illegal purposes. Transmission, storage, promotion 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 without permission, material we judge to be threatening or obscene, or material protected by trade secret and other statute. All clients and subscribers agree to indemnify and hold harmless xfluroNET Hosting from any claims resulting from the use of the service which damages the subscriber or any other party. Prohibited Content Certain materials are forbidden on all of our servers. Pornography and sex-related material is prohibited on all xfluroServers. This includes, but is not limited to, sites that may infer sexual content, or links to adult content elsewhere. Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. If a site is found with these prohibited contents, they will have their site suspended
without notice, and will not be unsuspended until the user is willing to take it off. Examples of unacceptable content or links include pirated software, hacker programs or archives, warez or any site that consumes more than 20% of system resources. Following are a list of sites and file extensions that may require more than 20% of our systems resources: Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .mp3, .gif, .jpg, .exe, .zip, .tar, etc.), and domain accounts offering download files.
We are not saying that your web site can not contain such files, however if at any time they consume 20% or more of our systems resources you will be contacted to resolve the issue. Traffic Usage All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and will suspend accounts that exceeds their traffic limit. Commercial Advertising - Email Spamming, or the sending of unsolicited email, from any xfluroServer or using an email address or domain that is maintained on an xfluroNET Machine as reference is STRICTLY prohibited.
Uptime Guarantee At xfluroNET Hosting, we have a 99% uptime guarantee. User-incurred damages, however, are not included in the uptime guarantee. For example, 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. If for some reason a background script has caused the server to fail, this is not included in any uptime guarantee, as for it is user- incurred.
Server Abuse Any attempt to undermine or cause harm to a server or customer of xfluroNET is strictly prohibited.
Billing - Recurring Billing: Invoices are sent on the day of the month that you've purchased the package on and clients are expected to pay by the end of the week. Credit cards can be billed automatically upon request. It is the client's responsibility to ensure that they have sufficient credit to cover the transaction. In the event that there is insufficient credit, as a courtesy we will send an email notification at which point we will need to be provided with another credit card within 48 hours. If we do not receive a response within 48 hours, the account and any accounts under that plan will be deactivated / suspended. It is the client's responsibility to provide us with a valid e-mail address. Account Deactivations / Suspensions: Any account deactivated / suspended to non-payment will be deactivated and we require a reactivation fee of $5.00 to be paid prior to reactivating the account. Cancellation Refunds: We do not refund partial monthly or yearly fees to accounts cancelling after their. Therefore, only repaid full monthly or full yearly fees existing on account will be refunded. Please note that Domain Name Registration fees will not be refunded. Refusal of Service We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Limitation of Liability xfluroNET shall not be responsible for any claimed damages, including incidental and consequential damages which may arise from any xfluroServer going off-line or being unavailable for any reason whatsoever. Furthermore, xfluroNET shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from xfluroServer. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Uses Policies should be referred to support@xfluro.net All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation. Disclaimer xfluroNET 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 his/her site was functioning.
Certain services provided by xfluroNET are resold, thus, certain equipment, routing, software, and programming used by xfluroNET are not directly owned or written by xfluroNET. Moreover, xfluroNET 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 we see fit.
By activating your account with xfluroNET, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and rules. Violations 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. **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 / suspended immediately without notice and a $35.00 Cancellation fee will apply. The proper (and your local) authorities will also be notified of your actions.
