This document was last updated on: January 25, 2017
1. Terms of Service XYZulu provides worldwide webpage hosting. XYZulu reserves the right to suspend or cancel a customer's access to any or all services provided by XYZulu at any time without notice or reason. XYZulu also reserves the right to cancel or suspend a customer’s account if they breach this AUP.
2. Account-Holder Identification Information You 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 XYZulu with a current and truthful name, postal address, email 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 or our payment partner(s), and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use. XYZulu reserves the right to refuse service to anyone without notice or reason.
3. Sharing or Reselling of account You are the individual solely responsible for all use of the account, whether someone you have given access to the account causes damage or not. You understand this includes but is not limited to; breach of the hosting account due to negligence on your part.
4. Account Setup We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.
5. No warranties XYZulu makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by XYZulu or its agents or employees shall create a warranty. XYZulu provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall XYZulu be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
6. Resource Usage Users may not initiate the following: a) Run any process that requires more than 5Mb of memory space, more than 15 CPU seconds, or use more than 5% of all available system resources at any time. b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed. c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) Run any process which interacts with the MySQL Database Management Server using persistent connections. The use of persistent connections to connect to the MySQL Database Management Server on XYZulu servers is strictly prohibited. Any account found to be in violation of this policy will be immediately suspended.
7. Account Use XYZulu does not allow any of the following content to be hosted: a) Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. b) Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of XYZulu. c) Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material. d) Other Material - Any material we feel to be abusive, effect or could effect the operation of the service and/or effect other internet users. The designation of "abusive" is left entirely to the discretion of XYZulu. All rights reserved. e) Shell (SSH) Access - A valid reason must be provided for this service to be enabled. XYZulu reserves the right to not enable it or disable it at anytime. Misuse (Spamming etc.) of this service may lead to a fine and/or legal action. This service is not enabled as default.
8. Termination of Sub Account XYZulu reserves the right to terminate a sub account of your Multiple Domain Hosting Plan or Reseller Plan at anytime and without notice or reason. All rights reserved.
9. Zero Tolerance Spam Policy We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice. XYZulu reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. XYZulu also reserves the right to make any such modifications in an emergency at our sole discretion. XYZulu reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the “clean up fee” is left entirely to the discretion of XYZulu. All rights reserved.
10. Mass-mailing lists No account hosted on XYZulu servers may send in excess of one-hundred (100) emails per ten (10) minutes or one thousand (1000) emails per twenty-four (24) hours. Any account found in violation of this policy will be immediately suspended.
11. Payment Information You agree to supply appropriate payment for the services received from XYZulu, in advance of the time period during which such services are provided. You agree that until and unless you notify XYZulu of your desire to cancel any or all services received, those services will be billed on a recurring basis. XYZulu reserves the right to change the monthly payment amount and any other charges at anytime.
12. Backups and Data Loss Your use of the service is at your sole risk. XYZulu is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on XYZulu servers.
13. Cancellation and Refunds XYZulu reserves the right to cancel the account at any time. Customers may cancel their account at any time. XYZulu gives you an unconditional 15 day money back guarantee. Refund requests after 15 days will not be negotiated. Accounts cancelled/terminated by XYZulu do not qualify for the 15 day money back guarantee. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Accounts where a domain is purchased through XYZulu do not qualify for the money back guarantee. No refund will be given in this circumstance.
14. Bandwidth Usage You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.
15. Indemnification Customer agrees that it shall defend, indemnify, save and hold XYZulu harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against XYZulu, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless XYZulu against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with XYZulu' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from XYZulu server. 16. Disclaimer XYZulu will not be responsible for any damages your business may suffer. XYZulu makes no warranties of any kind, expressed or implied for services we provide. XYZulu disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by XYZulu and its employees.
16. You agree you have read and agree to the following with regard to (if applicable) domain name registration: Important ICANN Domain Name Registration Information
17. Changes to the AUP XYZulu reserves the right to revise its policies at any time without notice.
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