TERMS AND CONDITIONS
This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.
1. WEB SITE USAGE
1.1. These terms and conditions apply to the use of the Web site of xmanonline at http://www.xmanonline.com.au (Service). In using this Service, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Service.
1.2 xmanonline does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Service, nor does xmanonline accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Service.
1.3 xmanonline disclaims all express and implied warranties with regard to the information services and materials contained on this site, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights.
1.4 In no event, shall xmanonline be liable for any direct, indirect, incidental, special, consequential or punitive damages whatsoever, resulting from the use or inability to use the Service, even if advised of the possibility of such damages. If the Trade Practices Act 1974 applies to the supply of the Service, xmanonline expressly limits its liability to (at its option) the provision of a replacement Service or the repayment or crediting to you of any fees paid for access to the Service.
1.5 Copyright of all literary and artistic works comprised in the Service is owned or licensed by xmanonline. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968, you may not in any form or by means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works form any part of this Service; or
- commercialise any information, products or services obtained from any part of this Service; without xmanonline's written permission.
1.6 Except where otherwise specified,
any word or device to which is attached the (TM) or (R) symbol is a trade mark or registered trade
If you use any of xmanonline's trade marks in reference to its activities, products or services, you must include a statement attributing the trade mark to xmanonline. You must not use any of xmanonline's trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not xmanonline's;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages xmanonline or its information, products or services (including this Web site)
1.7 The Service may contain links to external Web sites. Those links are provided for convenience only and may not remain current or be maintained. xmanonline is not responsible for the content or privacy practices associated with linked Web sites. Any links to linked Web sites should not be construed as an endorsement, approval, recommendation, or preference by xmanonline of the owners or operators of those linked Web sites.
1.8 No data transmission over the Internet can be guaranteed as totally secure. Whilst xmanonline strives to protect such information, it does not warrant and cannot ensure the security of any information which is transmitted. Accordingly, any information which you transmit is transmitted at your own risk, and any information which xmanonline transmits is transmitted without warranty as to its security. Nevertheless, xmanonline will take reasonable steps to preserve the security of information sent or received using the Service to the extent that such security is within its control.
2. WEB AND EMAIL HOSTING
2.1 xmanonline reserves the right to review and limit bandwidth on any hosting account package or domain exceeding usage over and above the specified maximum package limits in accordance with the current price list published on the web site. Customers exceeding the allotted usage monitored by xmanonline will be given the option to upgrade their account, otherwise their account will be suspended until the 1st of the next month (approx 1pm Perth time). A single notification will be made by E-mail.
2.2 The advertised bandwidth for each specific hosting package represents the maximum data transfer allowable per month. xmanonline reserves the right to modify this bandwidth amount for any particular account at any time in accordance with the bandwidth used for that account. As the Customer's bandwidth increases, xmanonline will increase the allowable bandwidth up to, but not over the listed amount shown on the xmanonline home page.
2.3 xmanonline mail services are available for hosted customers only. Unauthorized use of the mail services is prohibited.
2.4 Offering FREE Email accounts to site visitors is strictly prohibited and can lead to suspension or termination of hosting contract.
2.5 Web based e-mail is provided by xmanonline for their hosted customers only. This service is not intended to be used as a secure repository for customer e-mail. Customers store their e-mail on xmanonline servers at their own risk. POP Mail services are not to be used to transfer system backups or disk images.
2.6 xmanonline performs backups of client web content daily on Linux servers. xmanonline makes every effort to insure that these backups are valid. xmanonline assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted at xmanonline .
2.7 xmanonline assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent backup tapes.
2.8 Access to client content is provided to all customers at any time. It is the sole responsibility of the account owner to insure that they maintain their own backup copy of any materials placed on xmanonline servers, or of any database maintained on any server operated by xmanonline in the event xmanonline is unable to restore customer content from tape backup.
2.9 Please note: Clients who subscribe to email hosting only, will have their domain name redirected to xmanonline's home page.
2.10 AT NO TIME SHALL XMANONLINE ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.
2.11 xmanonline is not resposible for a customer's database, if they have or use one on xmanonline's servers. The Customer understands that databases can become corruptible from time to time, and it is not xmanonline's responsibility to fix it. The Customer is able to safe guard against issues like corruptible databases, by purchasing the Continuous Data Protection service that xmanonline offers. This can be purchased here.
3.1 The Customer shall be responsible
for all costs and fees associated with its domain
name including, but not limited to, all costs
and fees for moving same. The Customer shall make
payment directly to the issuer. Under no circumstances
shall xmanonline be responsible for this cost.
The Client shall pay ANY AND ALL transfer FEES on Domains that are transferred as FREE domains on selected hosting plans. xmanonline shall ONLY pay for the renewal on the domain and this DOES NOT include ANY AND ALL transfer fees.
3.2 The Customer shall be responsible for maintaining the correct contact email address for their domain with xmanonline. The Customer takes full responsibility for their domain name expiring if they do not receive the renewal email notice when their domain is up for renewal due to xmanonline having the incorrect contact email address or due to the Customer's current spam/junk email set up.
3.3 All Customers acknowledge that Domain Registration and Renewal Fees are Not Refundable.
3.4 xmanonline makes no representations and cannot guarantee that the Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold xmanonline liable for any damages, injuries or losses incurred by the Customer as a result of any action instituted by a third party.
4.1 xmanonline is not required
to deliver a hard copy of any software. xmanonline
provides a login username and password to the
admin area of the customer's shopping cart once
the shopping cart has been customised by xmanonline.
4.2 The Customer acknowledges and agrees that it shall be responsible for all goods and services offered at the Customer's Store, all materials used or displayed at the Store, and all acts or omissions that occur at the Store or in connection with the Customer's account or password. Certain Stores may be subject to additional requirements.
4.3 The Customer agrees to display
in the Store the Customer's contact information,
including but not limited to Customer's company
name, address, telephone number, fax number and
e-mail address. The Customer also agrees to update
such information to keep it true, accurate, current
and complete. xmanonline will not be held responsible
for incorrect billing information issued due to
the Customers inaccurate information supplied
4.4 The Customer represents and warrants that it has full power and authority under all relevant laws and regulations:
- to offer and sell the goods and services offered at the Store, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered at the Store;
- The Customer represents and warrants that it will accurately describe all goods and services it is proposing to sell in it's Store.
- To provide for credit card payment or any other offered payment method and delivery of goods or services as specified at the Store.
4.5 The Customer represents and warrants that it will not engage in any activities:
- that constitute or encourage a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export controls or obscenity laws;
- that defame, impersonate or invade the privacy of any third party or entity;
- that infringe the rights of any third party, including but not limited to the intellectual property, business, contractual, or fiduciary rights of others; and,
- that are in any way connected with the transmission of "junk mail", "spam" or the unsolicited mass distribution of e-mail, or with any unethical marketing practices. If the Customer is found to be connected in the transmission of "spam" and/or "junk mail" using xmanonline's email accounts and mail server, xmanonline will take legal action against the Customer and heavy fines will be applied.
- Due to xmanonline's restrictions on the content of material displayed, the Customer agrees not to display any form of adult material (pornography).
hereby grants Customer a non-exclusive, non-transferable
licence to use the Software in object code
form only on a server controlled by xmanonline
for the sole purpose of creating and maintaining
Stores on such server. Customer is not being
granted any right to copy the Software or to
use it on computers other than a server controlled
by xmanonline. Customer may not use Web pages
or parts of Web pages generated by means of
the Software, other than content that originates
from and is proprietary to the Customer, on
any server other than the servers controlled
by xmanonline without xmanonline's express
written agreement. The Customer also acknowledges
and agrees that the Software is intended for
access and use by means of web browsing software,
and that xmanonline does not commit to support
any particular browsing platform. xmanonline
reserves the right at any time to revise and
modify the Software, release subsequent versions
thereof and to alter features, specifications,
capabilities, functions, and other characteristics
of the Software, without notice to the Customer.
If any revision or modification to the Software
materially changes Customer's ability to conduct
business, Customer's sole remedy is to elect
to not renew the xmanonline account.
4.7 The Customer acknowledges and agrees that content available from xmanonline or the Service, including but not limited to text, software, music, sound, logos, trade marks, service marks, photographs, graphics, or video, is protected by copyright, trade mark, patent, or other proprietary rights and laws, and may not be used in any manner other than on the same restricted basis as specified for in Section 3 above and for the purposes of this Agreement.
4.8 Customer can obtain assistance with any technical difficulty that may arise in connection with Customer's utilisation of the Software or Shopping Cart Services by requesting assistance by email via our contact us page . xmanonline reserves the right to establish limitations on the extent of such support, and the hours at which it is available. xmanonline reserves the right to charge an hourly fee for support that relates to the modification or improvement of the shopping cart when requested by the Customer. xmanonline will inform the Customer of the cost to the Customer before any work is undertaken.
4.9 Customer is responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the Software and Shopping CartServices and Customer shall be responsible for all charges related thereto.
4.10 xmanonline makes all attempt to keep software up to date with all integrations, however, as external companies can make changes at any time, xmanonline will not be held responsible for updating integrations in a timely manner although all attempts will be made to schedule upgrades at earliest convenience.
4.11 Customer understands that in hiring xmanonline to design an e-commerce system that they are bound to all set up fees and yearly fees stated in the signup form. If the Customer decides not to go through with their e-commerce system, they are still required to fulfill full payment to xmanonline, in regards to the set up fee and the 1st yearly fee.
4.12 xmanonline is not resposible for a customer's database, if they have or use one on xmanonline's servers. The Customer understands that databases can become corruptible from time to time, and it is not xmanonline's responsibility to fix it. The Customer is able to safe guard against issues like corruptible databases, by purchasing the Continuous Data Protection service that xmanonline offers. This can be purchased here.
5. SEARCH ENGINE OPTIMISATION
5.1 Whilst we will try to improve the position of your Web Site in the Search Engine results in response to a search request, we do not warrant that this effort is in any way guaranteed
5.2 We cannot be held responsible for any changes to the position of your Web Site in the Search Engines results in response to a search request.
6. ONLINE BACKUP
6.1 All softwares provided by xmanonline is on an "as is" basis with no warranties of any kind and xmanonline will not be liable for any damages of any kind arising from the use. xmanonline further disclaims all warranties, express and implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose.
6.2 xmanonline grants you a non-exclusive, non-transferable, royalty-free, limited license to use the binary form of the software provided by xmanonline for personal use only. Redistribution of programs owned by xmanonline, unless explicitly granted by xmanonline, is strictly prohibited.
6.3 All content included on this site, including text, graphics, logos, button icons, images and software, is the property of xmanonline or its content suppliers and is protected by international copyright laws. All program used on this site is the property of xmanonline or its software suppliers and protected by international copyright laws. Any attempt of reverse engineering, disassembly, or decompilation of programs, unless it is explicitly permitted, is prohibited by law.
6.4 xmanonline may send notices to you via either email or regular mail. xmanonline may also provide notices of changes to the terms or other matters by displaying notices or links to notices to you generally on the services provided by xmanonline.
6.5 The integrity of this system relies on proper use of email as message passing media. The use of the email system, directly or indirect as a spamming tool, or other than it is intended, is prohibited.
6.6 xmanonline, does not intend to monitor the information that is used by our service, however, if xmanonline finds that its services(or any part thereof) are being used in an unlawful manner, the account will be suspended/terminated/removed without notice.
6.7 xmanonline reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice.
6.8 You are expected not to use the services provided by xmanonline for any unlawful activities not otherwise covered above, including but not limited to, attempting to compromise the security of any networked account, a site or a country. Appropriate legal procedures will be pursued when xmanonline is aware of any of these activities.
6.9 xmanonline shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of backup data, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if xmanonline or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
6.10 Users are the ones who have the knowledge of their encrypting keys. They have the sole responsibility to make sure their encrypting keys are kept in a safe and secure place. xmanonline shall not be liable for any damages (including damages for not able to restore backup data or the disclosure of confidential information) resulting from loss/corruption/compromise of this key.
7. REFUNDS AND RETURNS
7.1 The Customer is welcome to a full refund on any new service of the services below if an email is sent to [email protected] within 30 days of the date of purchase, requesting a refund due to xmanonline not meeting the Customer's expectations:
- Web Hosting (paid yearly)
- Email Hosting (paid yearly)
- Online Backup (paid yearly)
- Continuous Data Protection (paid yearly)
7.2 The Customer acknowledges that xmanonline does not provide a 30 day money back guarantee on domain name registration, SSL Certificates, and Dedicated IP addresses.
7.3 The Customer acknowledges that xmanonline does not provide a 30 day money back guarantee on any recurring service. Our 30 day refund policy is only for new accounts, for the services listed above. A refund will not be provided in the instance that the Customer renews the service that they already had paid for previously.
7.4 If in the event that a Customer cancels an account before their next renewal date, no full, or prorata refund or credit will be awarded to the Customer, unless it is a new Customer, and is within 30 days of date or purchase, as outlined in 7.1.
7.4 If in the event that a Customer has committed to a free trial account with xmanonline, the Customer accepts that this account will default to the relevant paid account once this trial period ends, unless xmanonline is notified by email to [email protected] by the Customer before the last day of the trial period, requesting that the account be terminated immediately
8. UNACCEPTABLE USE OF XMANONLINE SERVERS
The following outlines unacceptable or inappropriate use of xmanonline servers, which xmanonline would therefore reserve the right to terminate the Customer's account with xmanonline.
8.1 Unacceptable uses include,
but are NOT limited to: Bulk emailing, unsolicited
emailing, newsgroup spamming, illegal content,
pornographic content, copyright infringement,
trademark infringement, warez, cracks, software
serial numbers, and/or anything else determined
by xmanonline to be unacceptable use of xmanonline
services including abuse of server resources.
Additionally, IRC (or Related Software), PsyBNC, EggDrop, BitchX, or Any Related Application May Not Be Used or Stored (Compressed or Otherwise) on Any of xmanonline servers.
Adult Content, Gambling Sites and sites Selling or Advertising Targeted/Untargeted Traffic are NOT Allowed.
8.2 Sites with Banners, Graphics or CGI Scripts running from their domain used on other domains (example is a site running a Banner Exchange). High Yield Income Programs (HYIP) Sites, Web Sites offering downloadable files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3, Windows Media).
8.3 Sites using more than 10% of system resources for longer than 15 seconds.
8.4 Web Space provided on xmanonline servers is NOT to be used for any kind of backups.
8.5 Adult-oriented sites are NOT allowed. This includes sites that are associated with bestiality or child pornography, sites which promote hate against any group. Sites of such nature will be removed immediately and will not be refunded. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
8.6 XMANONLINE STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY MASS E-MAIL OR SPAM . IF ANY DOMAIN HOSTED BY XMANONLINE , PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ALL ACCESS TO XMANONLINE SERVICES WILL BE TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. XMANONLINE DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON XMANONLINE SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN'S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES.
8.7 MAILING LISTS HOSTED ON XMANONLINE SERVERS ARE NOT TO BE USED TO DEVELOP BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY XMANONLINE IS MONITORED CONTINUOUSLY AND NEW SECURITY FEATURES AND MONITORING TECHNIQUES ARE BEING INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OF OUR SMTP SERVERS.
8.8 ONLY HOSTING ACCOUNTS THAT INCLUDE MAILING LISTS AS PART OF THE PACKAGE WILL BE ALLOWED TO OPERATE THEM.
8.9 All Content Stored on xmanonline Servers Must Be Legal In Australia.
9. BILLING POLICY
NON-AUTOMATED BILLING (IF WE DO NOT HAVE YOUR CREDIT CARD DETAILS ON FILE)
9.1 All recurring invoices are issued 30 days before the renewal date to the contact email address provided for the account. This contact can be modified by logging into 'My Account' from the xmanonline homepage
9.2 Our billing policy (non-automated billing) is as follows:
- Tax Invoice Issued to Billing Email Address - 30 days before due date/domain renewal required
- Invoice Reminder Sent - 1 day after due date
- Second Overdue Reminder Sent - 5 days after due date
- Final Overdue Reminder Sent - 9 days after due date
- Account suspended - 10 days from the due date
- Account Terminated - 30 days after due date
AUTOMATED BILLING (IF WE HAVE YOUR CREDIT CARD DETAILS ON FILE)
9.3 An email notification for a recurring invoice is issued 7 days before the renewal date (when the credit card will be charged) to the contact email address provided for the account.
9.4 Our billing policy (automated billing) is as follows:
- Notification to Billing Email Address - 7 days before you credit card will be charged.
- Receipt Sent - on day of invoice date (can be 1 or 2 days late) .
- If for some reason the credit card transaction is not accepted, the process will then be:
- Invoice Reminder Sent - 1 day after due date
- Second Overdue Reminder Sent - 5 days after due date
- Final Overdue Reminder Sent - 9 days after due date
- Account suspended - 10 days from the due date
- Account Terminated - 30 days after due date
9.5 All information stored on our servers will be deleted once the account has been terminated.
9.6 With Customer invoices involving domain renewal, the Customer's site and email will go down within a day or two after the due date if payment has not been received.
9.7 All xmanonline invoices are emailed to your billing contact; customers can access current and most past invoices by logging into 'My Account' from our Home page.. Please note: we do not send invoices in the mail
9.8 Your account will be reactivated once we have received your current credit card details and have processed the account. Account unsuspensions are done weekdays between 9am - 5pm (Perth time).
9.9 New orders won't be processed without payment being received in full; therefore its recommended domain names are renewed or registered using a credit card to secure your domain and to ensure no delays arise due to using an incorrect payment description due to doing a bank transfer incorrectly. Its recommended that all clients use the invoice number as the payment reference to appear on our bank statement.
9.10 Please note: If paying by cheque, we will not renew an account until the payment has cleared in our account.
9.11 Any Account which is terminated, as outlined in point 9.2. and 9.4, or at the request of the Customer, and then required to be re-created, as requested by the Customer, will incur an additional fee of $70, on top of any renewal fees.
9.12 Any information requested by the Customer, regarding an account or service, will not be provided to the Customer, in the event that there is an overdue invoice for that Customer, until payment is received.
9.13 None of an account's functions will be available while it is suspended. Upon payment received in full (within 30 days of the due invoice date), the account will be unsuspended, and all of the account's functions will be re-activated.
9.14 A Customer's credit card (whose account is on automated billing) will be charged on the renewal date unless the Customer emails support (on [email protected]) from the contact email address for the account, requesting that the account be cancelled prior to the renewal date. The Customer is not eligible for a refund if the request for cancellation is received at [email protected] on, or after the renewal date. Despite this, xmanonline may, in some exceptional cases, decide to give a partial refund, if the Customer cancels their account (as outlined above) within 7 days after the renewal date. The minimum processing fee that xmanonline will charge for this, is $70 + GST, and the account will be immediately terminated.
9.15 Login details of any kind will not be provided to a Customer while an account that they have with xmanonline is overdue.
10.1 Either party may terminate this Agreement without cause upon written notice to the other party. Nothing in this item 10 however shall limit xmanonline's right to terminate the Customer immediately and without prior notice for improper use and violations as set forth herein.
10.2 Termination of any domain or account by a Customer will not be processed without the required procedure. Any Customer wishing to terminate their account or any domain within their account must email xmanonline at [email protected] describing within the body of the email the intention to terminate the account. This email must come from the contact email address of the account with xmanonline. Terminations will not be accepted without completing the termination step mentioned above. No exceptions will be made. The termination procedure is required for your protection as well as ours. The procedure provides evidence that the Customer terminating the account is authorized to do so. Once this request is received, and information verified; the user's data will be erased off the server.
10.3 In the event that xmanonline elects to terminate the Customer as a result of its improper acts and breach of the terms and conditions contained herein, the Customer shall not be entitled to a refund of the balance.
10.4 In the event the Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund, unless termination occurs within the first 30 days of a Web or Email Hosting Package.
10.5 In the event that xmanonline elects to terminate the Customer without cause, the Customer shall receive a full refund of any pro-rated balance of a Web Hosting Package. However, if the Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance, unless termination occurs within the first 30 days of a Web or Email Hosting Package.
10.6 xmanonline reserves the right to terminate any customer without prior notice and without assigning any reason.
10.7 All Customers acknowledge that Domain Registration and Renewal, SSL Certificate and Dedicated IP Fees are Not Refundable.
10.8 Any Account which is terminated, as outlined in point 9.2. and 9.4, or at the request of the Customer, and then required to be re-created, as requested by the Customer, will incur an additional fee of $70, on top of any renewal fees.
11. TIME FRAMES
11.1 All services purchased through the website will be activated within 48 hours, depending on correct information provided by the Customer during the signup process. The majority of services will actually be activated within 24 hours.
11.2 Once an account has been activated, the Customer will receive a 'welcome email' detailing all of the information neccessary for the serivce.
12.1 The Customer agrees that xmanonline shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
12.2 The Customer further agrees that xmanonline shall not be liable for any damages or losses sustained by the Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
12.3 The Customer agrees that it shall not hold xmanonline liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
12.4 xmanonline is not liable for the customer's site content backups on their shared hosting platforms. xmanonline has made every reasonable attempt to protect the security and integrity of the customer's web sites but offers no warranty as to the ability to restore site content in the event of a server failure.
12.5 IN NO EVENT SHALL xmanonline LIABILITY EXCEED THE TOTAL VALUE PAID TO xmanonline BY THE CUSTOMER.
13.1 The Customer understands that the Internet and other various networking communications are not totally secure.
13.2 All credit card details that are taken through the xmanonline website, are handled by a secure third party - either Eway (eway.com.au).
14. APPLICABLE LAWS
14.1 The Customer will ensure that its use of the Internet and any service provided by xmanonline to it complies with all applicable national, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography. In the event that the Customer violates this provision, xmanonline shall have the right to consider same a breach of this Agreement by the customer which shall entitle xmanonline to terminate the Customer immediately without prior notice.
14.2 It shall be within the sole discretion of xmanonline to deem material as inappropriate.
14.3 xmanonline reserves the right to refuse to install and/or accept any hosting account without assigning any reason.
15. INTEGRITY OF INFORMATION
15.1 The Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.
16. ACCOUNT SECURITY
16.1 The Customer shall be solely responsible for protecting the security of its account and usage. The Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. xmanonline shall not be liable for any breach of security caused by the Customer or third parties.
16.2 IN NO EVENT SHALL XMANONLINE LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN XMANONLINE AND THE CUSTOMER.
16.3 xmanonline will use its best efforts to maintain the integrity and security of the Customer's password.
17. ACCOUNT OWNERSHIP
17.1 The billing contact, as registered with xmanonline, is considered to be the account owner. xmanonline will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner.
18. LEGAL ACTION
18.1 Customer agrees to indemnify and hold xmanonline harmless in any legal action which arises as a result of the Customer's use of xmanonline services, without limitation or exception including, but not limited to any action brought against the Customer by a third party.
19. CHANGES TO THIS POLICY
19.1 WE RESERVE THE RIGHT TO CHANGE THIS POLICY AT ANY TIME BY POSTING CHANGES ON-LINE. YOUR CONTINUED USE OF THE XMANONLINE RESOURCES AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS POLICY AS MODIFIED BY THE POSTED CHANGES.
20. ENTIRE AGREEMENT
20.1 This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.
20.2 Failure to properly notify xmanonline via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute the Customer's acceptance of same.
21.1 The Customer's failure to properly notify xmanonline of its objections to any of the terms and conditions set forth herein shall constitute the Customer's acceptance of same.
21.2 This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.
21.3 In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect in this document.
21.4 We guarantee price freeze for the length of a contract. However, renewals may be subject to new prices.