Terms of Service   v. 1.1, Updated August 14th, 2011

Xtreme Services’ primary objective is to provide an exceptional level of service and support to our members.

In pursuit of our primary objective, Xtreme Services agrees to deliver the agreed upon services, as declared in the “New Account” confirmation, to our members at the time of purchase, subject to the following Terms of Service (hereafter referred to as TOS).

In addition, the use of Xtreme Services’ service(s) by a member constitutes an unconditional acceptance of and agreement to Xtreme Services’ TOS. Xtreme Services reserves the right to change or modify the TOS at any time without notice by posting the new agreement or policies. These modifications will become effective immediately. Your continued use of the site and or services indicates your agreement with our terms; therefore, it is your responsibility to review the TOS regularly.

Xtreme Services proudly offers its members a “30-Day Money Back Guarantee.” This guarantee allows member to purchase Xtreme Services’ services with full confidence and zero-risk. Consequently, member may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date, including setup fees, less any additional over-usage and free domain registration costs (see section I.C below). Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.

This guarantee can be requested at anytime within the 30 days of the commencement of service if member is not satisfied with Xtreme Services’ services. If the 30-day service of the subscription has been exceeded, member is not eligible for this guarantee. A request for this guarantee must be submitted via email to support@xtremeservices.net.

If requesting a refund, we ask that member briefly explains the reasons for doing so, as well as any suggestions on how Xtreme Services could improve our service(s).

Xtreme Services proudly offers its members an “Any-Time Money Back Guarantee.” This guarantee allows our members to use Xtreme Services’ services with full confidence and zero-risk. Consequently, a member may request a full refund of the current month’s fees (not the current billing cycle) and to-date pre-paid fees for future months, less any additional over-usage, setup fees and free domain registration costs (see section I.C below). Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.

This “Any-Time Money Back Guarantee” can be requested at anytime that you are not satisfied with Xtreme Services services. A request for this guarantee must be submitted via email to support@xtremeservices.net.

If requesting a refund, we ask that member briefly explains the reasons for doing so, as well as any suggestions on how Xtreme Services could improve service.

Xtreme Services utilizes an industry standard third party Registrar for domain name registration services. Once an order is placed for a new domain name through Xtreme Services, we register the domain for the member through the Registrar. Domains registered in this manner are not eligible for a refund and the cost for such domains will be subtracted from any service refund from Xtreme Services.

New domains may be cancelled and receive a full refund only within the first 24 hours after placing an order. This grace period only applies to new domain name registrations and is not applicable for domain renewals.

If you cancel your Xtreme Services service, you will retain ownership of your domain name for as long as you continue to renew the domain. You may renew the domain through Xtreme Services or through the Registrar.

At Xtreme Services, we strive to keep our prices low and give our members the best deals possible. That is why we fully disclose our pricing structure.

• Initial Pricing: If we show our prices discounted, you will get the discounted price shown for your entire initial billing period (unless otherwise specified).
• Renewal Pricing: We will automatically renew your plan at the end of your billing period (unless you’ve chosen otherwise) at the regular (non-discounted) rate for the same term duration as you initially chose at signup.

Xtreme Services is offering to new members, for a limited time, the opportunity to experience Xtreme Services services on a trial basis–free of charge–for a period of 7 days. After this 7 day period, the free trial ends and the member has the option to remain with Xtreme Services and select a hosting plan that meets his needs or terminate the hosting services completely.

If the member chooses to remain with Xtreme Services, they can accomplish this in two ways:

• The member can do nothing and the plan will automatically renew prior to the end of the free trial period; or
• The member can affirmatively upgrade to a paid plan and indicate their acceptance of the plan and their agreement to becoming a member.

If the member decides to cancel the free trial period and not become a paying member of Xtreme Services, they can cancel the trial period at any time. They can also reinstate at any time prior to the free trial expiration date.

• Cancellation will automatically occur if the member violates the Terms of Service at any time during the free trial period.
• Cancellation will also automatically occur if the member billing information is no longer valid at the end of the free trial period.

Xtreme Services guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where Xtreme Services has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar issues with member’s domain name, routing issues between member location and Xtreme Services data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Xtreme Services cannot directly influence.

To request a service credit due to an uptime concern, please submit a request via email to support@xtremeservices.net.

If requesting a “service credit” we ask that member briefly explains the reasons for doing so.

Members of Xtreme Services’ services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.

Racist, intolerant, “hate”, defamatory, “stalking”, invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.

All members must be of adult age in the members’ jurisdiction to make purchases on this site. Parents or guardians of minors may make purchases on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.

Members of Xtreme Services’ services are prohibited from storing or posting content or links to content that infringe, or otherwise violate the intellectual property rights of third parties (e.g. trademark, patent or copyright infringements).

All content provided within or via this site is protected by US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.

Xtreme Services offers commercially reasonable high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, number of email accounts or FTP accounts. File quota limits are enforced to ensure system operating integrity and reliability. The intention of Xtreme Services is to provide ample resources for member’s selected hosting pack.

It is acknowledged by users of Xtreme Services services that these resource allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on Xtreme Services servers.

It is also acknowledged by users of Xtreme Services services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. Xtreme Services takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of Xtreme Services services that all provided hosting services are of a shared-server nature, and other users are sharing the provided space.
Member accounts are placed on a server with up to hundreds of other users. Xtreme Services, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.

It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, Xtreme Services reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that member may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the “fair-use” of resources among members has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Xtreme Services.

If a “Fair-Use” breach occurs, which’s determination is solely up to Xtreme Services, member may have to remove files from or reduce access to member’s account to an extent as determined by Xtreme Services, in order to restore full serviceability to other members affected by the breach. In any case, the member will be notified of any actions that Xtreme Services may have to take.

Xtreme Services takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Members of Xtreme Services may not use, or permit others to use, our network to partake in UCE distribution. Members of Xtreme Services may not host or permit hosting of sites or information that is advertised by UCE from other networks.

Upon notification of an alleged violation of our SPAM policy, Xtreme Services will initiate an immediate investigation. During the investigation, Xtreme Services may restrict member access to the network to prevent further violations. Member will thereafter be advised of the situation. If a member is found to be in violation of this TOS, Xtreme Services may, at its sole discretion, unilaterally restrict, suspend or terminate the violating member’s account. Further, Xtreme Services reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Xtreme Services will notify law enforcement officials if the violation is believed to be a criminal offense.

Xtreme Services strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review.

Establishment of this service is dependent upon receipt of payment of stated charges by Xtreme Services. Subsequent payments are due on the anniversary date of the month for that month’s service or whichever is the selected billing cycle.

Xtreme Services may temporarily deny or terminate service upon the failure of the member to pay the charges when due. Such termination or denial will not relieve the member of responsibility for the payment of all accrued charges and any collection fees.

A member may cancel their account at any time online via the member’s “My Services” area. If requesting a cancellation, we ask that member briefly explains the reasons for doing so, as well as any suggestions on how Xtreme Services could improve service. The cancellation will take effect immediately.

Member acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Xtreme Services and that damages resulting from any interruption of service are impossible to ascertain. Therefore, member agrees that Xtreme Services shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Xtreme Services. Member further acknowledges that the Xtreme Services’ liability for its own negligence may not in any event exceed an amount equivalent to charges payable by member for services during the period damages occurred. In no event shall Xtreme Services be liable for any special or consequential damages, loss or injury.

In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to Xtreme Services’ DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On member request, nameserver change of domain names is done by Xtreme Services on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration’s registrar.

Some of Xtreme Services services may require a certain level of knowledge in the use of Internet languages, protocols, and software, while other services may be handled for you. This level of knowledge varies depending on the anticipated use and desired content of member’s website or the services to which you subscribe.

If Xtreme Services assigns a member an IP address for use with a hosted service, the right to use that IP address shall belong only to Xtreme Services and the member shall have no right to use that IP address except as permitted by Xtreme Services. Xtreme Services shall maintain and control ownership of all IP numbers and addresses that may be assigned to members by Xtreme Services. Xtreme Services reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.

Member agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the member (“Agreed Usage”). Xtreme Services will monitor member’s bandwidth and disk usage. Xtreme Services shall have the right to take corrective action if member’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 Services’ sole and absolute discretion, at any time deemed necessary by Xtreme Services. If Xtreme Services takes any corrective action under this section, member shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any case, member will be warned of approaching or exceeded resource limits via email by Xtreme Services’ automated notification system.

Members or any network users are prohibited from violating or attempting to violate the security of Xtreme Services’ network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Xtreme Services will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting members who are involved in such violations. These violations include, but are not limited to:

Members or any network users are prohibited from violating or attempting to violate the security of Xtreme Services’ network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Xtreme Services will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting members who are involved in such violations. These violations include, but are not limited to:

NOTE: Xtreme Services reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a member’s network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact the member. Xtreme Services will contact the member as soon as it is feasible.

Xtreme Services reserves the right to suspend network access to any member if in the judgment of Xtreme Services, the member’s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Xtreme Services deems necessary.

If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the member in question will be deactivated until our investigation is complete. Multiple violations of the TOS will result in permanent cancellation of the account without refund of any fee. Prior notification to the member is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The member may not be credited for the time the member’s machines were suspended if the member is found to be at fault. The member is also responsible for maintaining a backup of his current data at all times. Upon the third violation of the terms of service no backups will be provided.

Member must provide Xtreme Services real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.

The TOS specifically prohibits the use of our service for illegal activities. Therefore, member agrees that Xtreme Services may disclose any and all member information including assigned IP numbers, account history, account use, etc. to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other legally binding order, without consent or notification to the member.

Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.

If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

This TOS is subject to the governing laws of the State of Washington. Courts of competent jurisdiction in Lake Stevens, Washington shall hear and decide any disputes.

The member is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on Xtreme Services servers).

Xtreme Services is NOT RESPONSIBLE for any lost files, information or data.

Xtreme Services makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of member websites.

Although Xtreme Services backups may include member sites and information for disaster recovery purposes, these backups are not to be relied on by the member. Xtreme Services does not guarantee to possess the most current copy of a member’s website in its own backups.

Xtreme Services reserves the right to supply content-enriched pages, including but not limited to search engines, advertisements, directory links, etc., for non-existent user pages that are served by Xtreme Services to requesting sources. These pages include error pages (i.e. 404 Not Found), new account place-holder pages, unused domains and suspended user sites.

All users of Xtreme Services services have the option of creating their own error pages and content pages. Unless created by the user, such pages will default to the Xtreme Services provided content.

Immediately after the completion of the ordering process 100% payment is required before the commencement of the project. The member is responsible for providing the text, logos and requirements for the basic look and feel of the website. The member’s quick responsiveness is mandatory at all stages of the project, but particularly during the planning process. Failure to provide all required information within the specified timeframes will result in a delay or cancellation of the project. If and how much of a refund will be issued depends on the amount of work already completed and is at the sole discretion of Xtreme Services as defined further below.

Each package comes with a certain number of total revisions. As soon as Xtreme Services provides a design and project update the member must respond within three business days with all necessary feedback and corrections. If the member does not respond within the specified timeframe it will be assumed that the suggested design and changes were accepted and approved so the work may progress further towards finalization.

During the project development process Xtreme Services provides regular design and project updates. While Xtreme Services performs its own testing of the entire website and functionality, the final responsibility lies with the member to ensure that the modules and the complete project has been tested for any deficiencies or errors and to confirm that the site is operating as originally intended. It is expected that the member responds with any feedback and corrections within the timelines specified with every update, to ensure that the project can be completed on time. If the member does not respond within seven business days (unless pre-agreed) upon delivery of the website’s final version, it will be assumed that the work is accepted and the completion of the project approved. Any further changes must be requested in the form of maintenance for the existing website.

For all projects a consolidated brief must be submitted that contains all requested information before starting the project. If the member fails to submit the required information within 30 days of making the payment Xtreme Services may decide to consider the project inactive and not proceed with its implementation.

If an order is cancelled within 14 days of making the payment and before any work has been done, we will refund 75% of the payment. If the work has already begun the maximum refund will be 50% of the payment. There will be no refund if more than 50% of the work has been completed. Under special circumstances Xtreme Services reserves the right to negotiate and refund an appropriate portion of the amount paid by the member.

Xtreme Services is not liable for any damages that arise from misinformation or misrepresentation under any circumstances.

Upon final payment and approval of the completed website design project, our client becomes the owner of the website. He is free to take his site to another developer or host with another company. Please note that all the content on the member’s website is the sole responsibility of its respective owner. Xtreme Services is not responsible or liable for any copyright or trademark claims regarding third party logos, trademarks or names used on the website. They are the property and responsibility of the respective owners. The member agrees that Xtreme Services may use the created website in its portfolio to showcase completed work to prospective members and for its own marketing purposes such as, but not limited to, newsletters.

Xtreme Services has partnered with third-party vendors to bring you special products and/or special deals. If you have purchased or subscribed to any of the products listed below, please visit the product’s website to view their respective terms and conditions.