Xerorip Terms of Service
Xerorip is dedicated to providing the highest level of service possible to every one of our clients. We are also dedicated to staying on top of available technology. Xerorip reserves the right to change its policy at any time to meet the needs of our customers, changing laws, and new technology.
This document (the "Agreement") sets forth the principles, guidelines and requirements of the Terms of Service of Xerorip.com (the "Company") doing business as xerorip.com governing the use by the customer ("Customer") of Company's services and products ("Services and Products"). These Terms of Service have been created to promote the integrity, security, reliability and privacy of the Company's facilities, network, and Customer data contained within. The Company believes it provides the best services in the industry, and provides the following policies in the best interests of the Company and the Company's clients. The Company retains the right to modify these Terms of Service at any time and from time to time and any such modification shall be automatically effective to all customers when adopted by the Company and published to website. The Company shall be the sole and final arbiter as the interpretation of the following. By utilizing the Company's services and products, the Customer agrees to be bound by the terms herein outlined. Questions or comments regarding this document should be forwarded to the Company using the contact form found on the company's website.
Compliance with the Law
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the Services and Products which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
Prohibited Uses of Services and Products
In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
Pornography and pornographic related merchandising are prohibited under all the Company's services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include nudity, pirated software, "hacker" programs, archives of "Warez Sites", game rooms or MUDs, Chat Rooms, IRC Bots, Egg Drop programs, any kind of illegal software or shareware.
Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer.
Actions that restrict or inhibit any Person, whether a customer of Company or otherwise, in its use or enjoyment of any of the Company's Services or Products.
System and Network
Introduction of malicious programs into the Company's network or server (e.g. viruses and worms).
Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section, "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
Executing any form of network monitoring which will intercept data not intended for the Customer's server.
Circumventing user authentication or security of any host, network or account.
Malicious activity, interference, or denial of service to any user (e.g. denial of service attacks).
Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet.
Creating an "active" full time connection on a Company-provided account by using artificial means involving software, programming or any other method.
Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.
Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations. Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.
Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers.
Attempting to circumvent or alter the processes of any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document "use" of the Company's Services and Products.
Sending unsolicited commercial email messages (UCE), including the sending of "junk mail", "email spam" or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship.
Sending UCE referencing an email address for any domain hosted by the Company.
Sending UCE referencing a domain hosted by the Company.
Sending UCE referencing an IP address hosted by the Company.
Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by the Company, a domain hosted by the Company, an IP address belonging to the Company.
The Company will be the sole arbiter as to what constitutes a violation of these provisions.
Harassment, whether through language, frequency or size of messages.
Unauthorized use, or forging, of mail header information.
Solicitations of mail for any other E-mail address other than that of the poster's account or service with the intent to harass or to collect replies.
Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
Use of unsolicited email originating from within the Company's network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company's network.
Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.
Customer will be charged a minimum $300.00 USD service charge for each instance of a verifiable UCE that is reported to the Company and faces immediate account suspension and/or termination, as well as further penalties.
Terms and Termination
Customer must notify the Company of cancellation request, in writing, a minimum of five (5) days prior to the billing renewal date. If the Customer notifies the Company less than five (5) days prior to the billing renewal date, a refund will not be issued. To notify the Company in writing, sending an email from the contact page and providing the domain name and or service along with the notification to cancel the account.
Customer will not receive a refund for any other reason, including but not limited to: late cancellation, slow connection caused by Customer's ISP/network, Customer's ignorance, NS Delays, account termination for violation of policies. It is the customer's responsibility to read these agreements.
Customers submitting an account cancellation following the renewal billing of their account will not receive a refund.
Any non-refundable account balance left behind upon account cancellation is forfeited by Customer and will be not be transferred to an existing account or a future sign up including the reactivation of an account previously cancelled.
By submitting a credit card or ACH information on the order form, Customer agrees to authorize all recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees, and to be bound to the terms of this Agreement.
Customer will not receive a refund for any setup fees or any fees other than the monthly recurring hosting fees.
Customer will pay a $35.00 USD domain reactivation fee for each site suspended due to a billing- related issue.
Customer shall pay the fees and other charges for Products and Services ordered from Company as published at time of order. Company reserves the right to change rates without notice; any changes in price will take effect upon renewal of the existing hosting account, immediately for new purchases.
Customer agrees to pay all fees for removal of Equipment from Company's location. Equipment removal requires fee of $100.00 USD. Customer must allow for up to 3 weeks for delivery of equipment.
Customer agrees that the Company reserves the right to change its fees, features, and discount offerings and the Customer agrees to be bound by any changes of fee, feature, and/or discounts.
The Company reserves the right to terminate this agreement, and to delete the Website from its hardware, immediately upon the occurrence of any of the following events:
Nonpayment of any charges due from Customer.
Breach of any term or condition of this agreement by Customer.
Commencement of any lawsuit or proceeding against Customer arising from or relating to its use of the Website, whether or not such suit names the Company as a party or seeks any recovery from the Company.
Payment for any charges is due at the time of signup and renewal respectively. All payments must be in U.S. Dollars. Accounts which have balances outstanding shall be deemed to be in default and subject to termination of service. Customer shall be responsible for all costs of collection, including reasonable attorney's fees and court costs, in event of a default for nonpayment of any amounts due the Company.
Indemnification of Provider/Relationship of Parties
Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer's Website provided hereunder.
Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer's Website, except as necessary to maintain the Website.
Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer's login ID and password.
Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of the Company.
Customer agrees to maintain Customers' computing equipment responsibly, including running virus software.
Uploading a virus to a Company server will result in account termination, service charges and/or prosecution.
Customer acknowledges that the Company cannot provide technical support for any software and/or script that the Customer installs, other than variable name changes. Customer also acknowledges that the Company does not supply technical support for Microsoft FrontPage, other than initial configuration. The Company supplies technical support for Web hosting issues only. The Company shall be the sole arbiter as to what constitutes a "Web host" issue.
Any attempt to undermine or cause harm to the Company server or another customer's Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.
Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information and materials relating to the other part's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third part, nor disclose to any third part, any such information revealed to it by either part, as the case may be. The Customer and the Company further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.
Refusal of Service
The Company reserves the right to refuse or cancel service in its sole discretion with no refunds.
If any of these Terms of Service are failed to be followed it will result in grounds for immediate account deactivation.
It is the Customers responsibility to have any CDs or power cables that came with the system at the time of service. Failure to provide these items may result in the delay of the Customers repairs. The Company can advise the customer on what items will be required for the Customers requested job.
The Customer understands that the Company may need to uninstall programs or applications that are known to cause system problems before troubleshooting and it is the Customers responsibility to reinstall them.
The Company is not responsible for any preexisting damage to the Customers computer hardware or peripheral devices.
The Customer understands that the Company will make attempts to backup and restore all data. The Customer understands that some files and folders may not be salvageable due to virus infection, hardware issues, or other unforeseen issues.
The Customer understands that the Company is not required nor is responsible for backing up any of the Customers data or installed software applications. The Customer is responsible for making sure that any critical data is backed up prior to services, and the Customer takes full responsibility for reinstalling any and all programs and data.
The Customer is responsible for providing any and all licensed software (if necessary) for reinstallations (NOT homemade backup disks). The Customer understands that only OEM/retail software/programs will be reinstalled. It is the Customers responsibility to reinstall personal software not given to the Company (examples: Quicken, Photoshop, network share drives, printers, etc.) The Company may require a fee to reinstall personal software (the Customer will be notified and need to agree to this fee is applicable).
The Customer understands that should their system need to be formatted, the Company will contact the Customer before doing a clean install of the Customers operating system.
The Customer understands that they will be charged a minimum $70.00 USD charge. Parts will be extra. If the expense changes, the Company will contact the Customer for approval at the phone number provided by the Customer. Discounts will only be given at the Company's discretion. Full payment due upon receipt.
The Company will work on the Customers computer to the best of the Company's abilities; However the Company cannot guarantee that they will be able to solve the problem(s) that the Customers computer is experiencing. If the Company cannot resolve the Customers issue, the Customer still agree to pay the $70 USD minimum charge, and equipment will be returned to the Customer AS IS.
When the Customer picks up their computer, the Customer will make sure to also pick up all peripherals devices and media. The Customer will not hold the Company responsible for the subsequent loss of any items that the Customer may leave behind. Any item(s) left with the Company longer than 60 days of the job completion date will be considered abandoned.
Any type of child pornography (or the like) on any system will be turned over to the local authorities.
Use of the Company's Services and Products is at Customer's sole risk. Neither the Company nor its employees, agents, resellers, third party information providers, merchants, licensers or the like, make any warranties, including any implied warranties of merchantability or fitness for a particular purpose, that the Company's Services and Products will not be interrupted or be error free. Nor do they make any warranty as to the results that might be obtained from the use of the Company's Services and Products or as to the accuracy, or reliability of any information service or merchandise contained or provided through the Company's service, unless otherwise expressly stated in this agreement. This includes loss of data, whether resulting from delays on deliveries, wrong delivery, and any and all service interruptions caused by the Company and its employees or other causes.
The sole cumulative liability of the Company for all claims made by the Customer, or any other party, regardless of form, including any cause of action based on contract, tort or strict liability, shall not exceed the total amount of all fees and charges paid to the Company by the Customer. Customer understands (before, during or after the contract has been signed, paid and/or expired/terminated and or asking the Company for mockup, help or service in anyway) and agree that the Company may use artwork designed by the Company for any Customer (before, during or after the contract has been signed, paid and/or expired/terminated) and that the Company will own any such media and shall be free to utilize such materials in any way it sees fit before, during or after the contract has been signed, paid and/or expired/terminated with no compensation to the Customer, including but without limitation to posting any such medias on its websites.
The Company reserves the right to revise or change these Terms of Service at any time. The Company may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of the Company clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers that do not comply with these simple rules, or who seek to take advantage of the Company Services or Products, will, at the discretion of the Company , have their Services or Products canceled and/or removed from the servers and have service charges assessed at the discretion of the Company . The Company will be the sole and final arbiter as to usages of resources that constitute violation or intent to violate our policies. Those Customers found in violation of these policies are subject to a $300.00 USD service charge for each instance of violation, exclusive of charges for the bandwidth and/or other resources utilized. Services which the Company must suspend or cancel due to violation of these rules are subject to charges for bandwidth and usage of resources at twice the standard rate for such resources. Acceptance of these Terms of Services, and/or use of the Company's services constitute an acceptance of any fines, penalties or service charges which might arise out of violation of these policies.