Terms of Service
IMPORTANT NOTICE: *All Payments To Xaz.biz
Are Non-Refundable except as approved by Management*
Xaz.biz ("The Company") agrees to furnish
services to the Subscriber, subject to the following TOS (Terms
Use of Xaz.biz Service constitutes acceptance and
agreement to Xaz.biz's AUP as well as Xaz.biz's TOS (Terms of Service).
All provisions of this contract are subject to the
TOS (Terms of Service) of Xaz.biz, Inc. and AUP (Acceptable Use
Policy). The AUP may be changed from time to time at the discretion
of the Company. Subscriber understands that change to the AUP by
the Company shall not be grounds for early contract termination
This Agreement shall be construed in all respects
in accordance with the laws of the state of Maine, county of York
applicable to contracts enforceable in that state. Venue will be
York County, Maine.
Disclosure to Law Enforcement: The AUP specifically prohibits the
use of our service for illegal activities. Therefore, Subscriber
agrees that the Company may disclose any and all subscriber information
including assigned IP numbers, account history, account use, etc.
to any law enforcement agent who makes a written request without
further consent or notification to the Subscriber. In addition Xaz.biz
shall have the right to terminate all service set forth in this
Service Rates: Subscriber acknowledges that the
nature of the service furnished and the initial rates and charges
have been communicated to Subscriber. Subscriber is aware that the
Company may prospectively change the specified rates and charges
from time to time. The promotional offer is contingent upon Company
achieving and maintaining its cost of service goals including but
not limited to rates charged to company by its suppliers.
Failure to Pay: The Company may temporarily deny
service or terminate this Agreement upon the failure of Subscriber
to pay charges when due. Such termination or denial will not relieve
Subscriber of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees.
Subscriber acknowledges that the service provided
is of such a nature that service can be interrupted for many reasons
other than the negligence of the company and that damages resulting
from any interruption of service are difficult to ascertain. Therefore,
subscriber agrees that the company shall not be liable for any damages
arising from such causes beyond the direct and exclusive control
of the company. Subscriber further acknowledges that the company's
liability for its own negligence may not in any event exceed an
amount equivalent to charges payable by subscriber for services
during the period damages occurred. In no event shall the company
be liable for any special or consequential damages, loss or injury.
New Domain Accounts: All new webhosting accounts
involving new domains will be set up and entered into our DNS servers
within 3 to 5 business days. Due to unforeseen complications, however,
this process may sometimes require up to 7 business days. If the
new domain is registered by the account holder, there will be no
handling fee. If the domain is registered by Xaz.biz on behalf of
the account holder a handling fee will be incurred.
Transfer of Domains: New webhosting accounts which
involve the transfer of a domain from another provider to Xaz.biz,
Inc. will require a minimum of seven (7) days to be set up and entered
into our DNS servers. In some cases, such transfers may take up
to sixty (60) days. Due to the unpredictable nature of the transfer
process, no guarantees are made regarding the amount of time a specific
transfer may take. If the transfer of the domain is done by Xaz.biz,
Inc. on behalf of the account holder a handling fee will be incurred.
If the customer cancels service during the transfer period for any
reason, all charges are considered earned.
Support Boundaries: Xaz.biz, provides 24 x 7 e-mail,
online technical support to our subscribers. We limit our technical
support to our area of expertise. The following is our guidelines
when providing support: Xaz.biz provides support related to your
server or virtual site physical functioning. Xaz.biz does not offer
tech support for application specific issues such as cgi programming,
html or any other such issue. Xaz.biz does not provide technical
support for YOUR customers. If you can email, we encourage you to
email support@Xaz.biz for assistance. If you are able to get online
and have other questions, the answers may be on our home page at
http://www.Xaz.biz/support/ - we encourage you to check there first.
Lastly, the Help files in the program you are using may have the
answer to your question so please do investigate these resources
before calling tech support.
SPAM and Unsolicited Commercial Email (UCE): Xaz.biz
takes a zero tolerance approach to the sending of Unsolicited Commercial
Email (UCE) or SPAM over our network. Very simply this means that
customers of Xaz.biz may not use or permit others to use our network
to transact in UCE. Customers of Xaz.biz may not host, or permit
hosting of, sites or information that is advertised by UCE from
other networks. Violations of this policy carry severe penalties,
including termination of service.
Violation of Xaz.biz's SPAM policy will result in
severe penalties. Upon notification of an alleged violation of our
SPAM policy, Xaz.biz will initiate an immediate investigation (within
48 hours of notification). During the investigation, Xaz.biz may
restrict customer access to the network to prevent further violations.
If a customer is found to be in violation of our SPAM policy, Xaz.biz
may, at its sole discretion, restrict, suspend or terminate customer's
account. Further, Xaz.biz reserves the right to pursue civil remedies
for any costs associated with the investigation of a substantiated
policy violation. Xaz.biz will notify law enforcement officials
if the violation is believed to be a criminal offense.
First violations of this policy will result in an
"Administrative Fee" of $100 and your account will be
reviewed for possible immediate termination. A second violation
will result in an "Administrative Fee" of $200 and immediate
termination of your account. Users who violate this policy agree
that in addition to these "Administrative" penalties,
they will pay "Research Fees" not to exceed $150 per hour
that Xaz.biz personnel must spend to investigate the matter. PLEASE,
DO NOT SPAM from your account.
As our Customers are ultimately responsible for
the actions of their clients over the Xaz.biz network, it is advisable
that Customers develop a similar, or stricter, policy for their
IP Address Ownership: If Xaz.biz assigns Customer
an Internet Protocol address for Customer's use, the right to use
that Internet Protocol address shall belong only to Xaz.biz, and
Customer shall have no right to use that Internet Protocol address
except as permitted by Xaz.biz in its sole discretion in connection
with the Services, during the term of this Agreement. Xaz.biz shall
maintain and control ownership of all Internet Protocol numbers
and addresses that may be assigned to Customer by Xaz.biz, and Xaz.biz
reserves the right to change or remove any and all such Internet
Protocol numbers and addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by ARIN's new policies.
These new policies state that use of IP addresses for IP based virtual
hosts will not be accepted as justification for new IP addresses.
What this means to you is that you MUST use name-based hosting where
possible. We will periodically review IP address usage, and if we
find that clients are using IP addresses where name-based hosting
could be used, we will revoke authorization to use those IP addresses
that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth
and disk usage shall not exceed the number of megabytes per month
for the Services ordered by Customer on the Order Form. Xaz.biz
will monitor Customer's bandwidth and disk usage. Xaz.biz shall
have the right to take corrective action if Customer'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 Xaz.biz's sole and absolute discretion.
If Xaz.biz takes any corrective action under this section, Customer
shall not be entitled to a refund of any fees paid in advance prior
to such action. In the event that a customer exceeds the included
allocation, Xaz.biz may, at its sole discretion, collect a deposit,
in an amount determined by Xaz.biz, against customer's credit card
on file with Xaz.biz.
System and Network Security: Users are prohibited
from violating or attempting to violate the security of the Xaz.biz
Network. Violations of system or network security may result in
civil or criminal liability. Xaz.biz will investigate occurrences,
which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who are involved
in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging
into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures
without proper authorization.
Attempting to interfere with service to any user,
host or network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of
the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to
which such User is not entitled.Attempting to couple many hosting
packages together to take advantage of massive space or bandwidth
allocations. Each hosting package purchased is unique to a domain
name and use - please do not purchase multiple "plan 1's"
for instance to get the combined bandwidth & space. Xaz.biz
will stop such transactions and label them as deceptive. We have
an upgrade path for all services and we can often times work out
special deals for users if they ask us for the assistance.
Notification of Violation:
Xaz.biz is under no duty to look at each customer's
or user's activities to determine if a violation of the AUP has
occurred, nor do we assume any responsibility through our AUP to
monitor or police Internet-related activities.
First violation: Any User, which Xaz.biz determines
to have violated any element of this Acceptable Use Policy, shall
receive an email, warning them of the violation. The service may
be subject at Xaz.biz's discretion to a temporary suspension pending
a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that Xaz.biz determines
to have committed a second violation of any element of this Acceptable
Use Policy shall be subject to immediate suspension or termination
of service without further notice.
We reserve 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 customer'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 you. If we do this, we will contact
you as soon as is feasible.
Suspension of Service or Cancellation: Xaz.biz reserves
the right to suspend network access to any customer if in the judgment
of the Xaz.biz network administrators the customer's server is the
source or target of the violation of any of the other terms of the
AUP or for any other reason which Xaz.biz chooses. If inappropriate
activity is detected, all accounts of the Customer in question will
be deactivated until an investigation is complete. Prior notification
to the Customer is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. The customer will not
be credited for the time the customer's machines were suspended.
Xaz.biz reserves the right to amend its policies
at any time. All Sub-Networks, resellers and managed servers of
Xaz.biz must adhere to the above policies. Failure to follow any
term or condition will be grounds for immediate Cancellation. You
will be held responsible for the actions of your clients in the
matter described on these Terms and conditions. Therefore, it is
in your best interest to implement a similar or stricter Terms and
Indemnification: Xaz.biz wishes to emphasize that
in agreeing to the Xaz.biz Acceptable Use Policy (AUP) and Terms
of Service (ToS), customer indemnifies Xaz.biz for any violation
of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that
results in loss to Xaz.biz or the bringing of any claim against
Xaz.biz by any third-party. This means that if Xaz.biz is sued because
of a customer's or a customer of a customer's activity, the customer
will pay any damages awarded against Xaz.biz, plus all costs and
Miscellaneous Provisions: You must provide us with,
and keep current, good contact information for you. E-mail, fax,
and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision
of this Agreement by Subscriber shall not operate as or be construed
as a continuing or subsequent waiver thereof or as a waiver of any
breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement
without the prior written consent of the Company. Company may assign
Agreement at anytime without consent from or notice to Subscriber.
Company reserves right to cancel customers rights under this contract
at anytime without further obligation.
Xaz.biz takes no responsibility for any material
input by others and not posted to the Xaz.biz Network by Xaz.biz.
is not responsible for the content of any other websites linked
to the Xaz.biz Network; links are provided as Internet navigation
tools only. Xaz.biz disclaims any responsibility for any such inappropriate
use and any liability to any person or party for any other person
or party's violation of this policy.
Xaz.biz is not responsible for any damages your
business may suffer. Xaz.biz does not make implied or written warranties
for any of our services. Xaz.biz denies any warranty or merchantability
for a specific purpose. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by Xaz.biz.
Responsibility for Content: You, as Xaz.biz's customer,
are solely responsible for the content stored on and served by your