Xtreme Host provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Xtreme Host are subject to the following terms of service:
Important Legal Agreements
1) XtremeHost is an individual (Sole Proprietorship, Enlistment No.14560) running a business in India, subject to laws and provisions prevalent in the Union of India (West Bengal, Burdwan). The servers of XtremeHost are located in the United States of America.
2) All clients who signed up with Xtremehost whose place of business is India, shall be subjected to laws prevalent in India as well as provisions for International Users or other allied laws or provisions of United States of America and respective datacenters.
3) XtremeHost assumes no responsibility for clients who violate the terms of service of the company, the terms of service of data centers which are inherent in the same, the provisions for international users in the United States of America as well as the laws and provisions prevalent in Union of India.
4) All clients who signed up with Xtremehost whose place of business is outside India, shall be subjected to laws and provisions prevalent in their country, laws and provisions prevalent in India, provisions for International Users in India as well as the United States of Amercia.
5) XtremeHost assumes no responsibility for clients who violate the terms of service of the company, the terms of service of data centers which are inherent in the same, the provisions for international users in the United States of America and Union of India, laws and provisions prevalent in their country. It also assumes no responsibility on foreign exchange issues which may occur.
6) Clients whom, XtremeHost deems fit that they violate the Terms of Service or laws and provisions as mentioned above, fall fit in the clauses (2), (3), (4) and (5), may without prior notification suspend such accounts immediately with one email notification to the account holder as well as reseller (if any). It does not require justification.
7) If any DMCA Take Down Notice, Violation of Intellectual Property Rights in India or abroad, or violations are noticed by any viewer, he/she may directly inform XtremeHost on the specified email below. XtremeHost may inform the account holder of such infringement and ask him/her to remove such content which violates intellectual property rights.([email protected])
8) If the user account who is accused to have violated the intellectual property rights as in clause (7) does not remove the content within 48 hours of such notice produced upon him through email, then Xtremehost reserves the rights to remove such content directly or suspend his/her account indefinitely with a Suspension notice sent to his/her email.
9) Claims for refund or otherwise may not be made on grounds of suspension because of violation of any of clauses mentioned in this Terms of Service. Apart from that, XtremeHost reserves right to insert, delete, modify any content on the website of any user of it’s server, suspend the account if it finds that the content is unfit to display or host the server.
10) XtremeHost reserves right to refuse the user to sign up who does not conform to these Terms of Service. Any user who signs up agrees to all the terms and conditions.
11) XtremeHost does not provide support to Reseller’s Clients. If any user of a reseller, client of reseller contacts XtremeHost regarding any claim or otherwise, XtremeHost is empowered to place the Reseller’s account on hold until such issue is resolved subject to provisions of Law. If any matter is sub-judice, then XtremeHost shall not interfere with such accounts.
12) Usage of unparliamentary language or offensive language which XtremeHost deems so, with staff or other clients of XtremeHost invites indefinite suspension or termination as XtremeHost deems fit, voiding all refund policies.
13) XtremeHost may terminate it’s services at any point of time and is not liable for any consequential damages because of the same. It gives a prior notice of four days for customers. The refunds in such cases shall be governed by Clause 50.
14) XtremeHost may form new terms and conditions and the same shall have immediate effect on all clients whether they have signed up in the past from the moment it is updated on the page and shall also have a retrospective effect in case the policy or clause mentions that.
Liability of XtremeHost
15) XtremeHost shall not be liable for any consequential damages which may be foreseen or unforeseen which may arise due to an act of XtremeHost or otherwise. XtremeHost may terminate its services at any point of time and liability for the same is governed by Clause (14)
16) XtremeHost shall not be liable for any downtime of server, provided it is informed about the same and given a timeframe of 72 working hours to repair the same. Even if the condition is satisfied, it’s liability is limited to Rs. 500
17) XtremeHost shall not be liable for any loss arising due to non-attendance of server if it is caused due to an Act of God or Acts of God or circumstances beyond control of XtremeHost.
18) XtremeHost shall not be liable in any event for any consequential damages or other direct or indirect loss however arising whether XtremeHost had knowledge that such damages might be incurred including but not limited to loss of income, profits interest, utility or loss of market.
19) A downtime notice must be brought to XtremeHost only on specified email mentioned below only by a customer of XtremeHost, along with the customer’s name, his/her domain name and other details. ([email protected])
20) At any point of time, XtremeHost shall not be liable for activities of it’s resellers or their clients. The acts of resellers cannot impose liability on XtremeHost.
21) In any case where liability is on XtremeHost, the liability shall not exceed United States Dollars $10 or Indian Rupees 600 per client of XtremeHost (not user of server) whichever is lower. Any compensation or damages sought due to acts of XtremeHost if they do not fall under the above categories may be limited to United States Dollars $ 10 or Indian Rupees 600 whichever is lower.
22) No claim for damages may be sought or entertained unless all charges for Setup, Term Fee etc. whatever have been charged in the invoice have been paid and amount of such claims shall not be deducted from such fee.
23) XtremeHost shall not assume liability for any other mode of connection to server other than the Control Panel provided by it. Other modes may be available, but cannot be assured of their stability.
24) Purchasing products through any marketplace may invite the terms of service and other policies of such marketplace. Both the policies shall apply and if there is a conflict noted in both the policies as deemed by XtremeHost, the policy of Marketplace such prevail.
25) Eligibility of Refund at any time within 15-day money back guarantee period is assured. Although there is a fee of $5.00 for re-stocking or re-listing fee, plus an additional administrative fee of $5 for adding the account manually.
26) Any content which is found derogatory, defamatory, fit to violate provisions or laws prevalent in India and user’s country, and provisions for international users in United States of America may be removed by XtremeHost without any prior notice given to user.
27) If any authority of Government of India or other government, in accordance with procedures and laws asks XtremeHost to remove any content from website of user hosted by XtremeHost’s server, it shall be removed with a notification to the user of such removal. Such removal cannot invite any refund claim. Any such notices may be sent to [email protected]
28) Any content which is found infringing any Intellectual Property Right or otherwise, deems fit to violate such rights, may be removed by XtremeHost without any prior notice given to user.
29) If any content is found derogatory, defamatory or violating any law prevalent in India and user’s country and provisions for International Users in United States of America, any user residing in India, User’s country or the United States of America, with locus standi in foreign nations and with or without locus standi in India, may report it by sending an email to the specified address below and the content will be reviewed and a reply can be expected within 72 working hours of receiving such email > [email protected]
30) XtremeHost reserves right to terminate accounts which do not comply with above said conditions without prior notice or intimation.
Suspensions and other Pricing Related Activities
31) If any account is suspended, it may be indefinitely or otherwise, will be suspended for 7 days and within 8th day of such suspension, the user shall be contacted of such suspension and cause for the same. All above clauses which contradict to this shall surpass this clause and lead to nullifying of this clause only in such cases as mentioned above which contradict with this clause.
32) All suspended accounts when terms between user and XtremeHost are favourable and accepted by both parties willingly, are subjected to a United States Dollars $ 5.00 or Indian Rupees 650 Account Re-Activation Fee failing which such reactivation may not be possible.
33) Any backups or related activities may not be undertaken by XtremeHost. You are responsible for your own data backup. If in any case, the data is lost, XtremeHost cannot be held liable for such data loss or otherwise.
34) In event of fraud being discovered, fraudulent account and all related accounts may be indefinetly suspended and may be contacted in 7 days of such suspension. All information about such accounts may be submitted to local authorities or relevant authorities.
35) XtremeHost may reserve different pricing structure for different clients as it may deem fit. No client is allowed to sue the firm for such different pricing. It is left to discretion of the firm.
36) XtremeHost reserves right to change prices listed or for existing accounts and change amount of resources given to plans at any time.
37) You agree to defend, indemnify, and hold Xtremehost, contractors, agents, referrers, affiliates, suppliers and agree to cooperate with us in asserting any available defenses.
37) XtremeHost agrees to provide support to it’s clients but it is not justiciable. It has to be given an opportunity to provide support by opening a support ticket in the client area provided by it and a timeframe of 72 working hours to respond to such ticket from the time of opening. Any liability shall not be imposed for non-performance of such support. XtremeHost does not provide support to persons who are not direct clients of XtremeHost. The only recognized mode of support is through support ticket and email. Support through Phone is not available though phone number is presented for other purposes.39) If a client wishes to dispute any spam complaints, or any fine assessed in connection with any such complaints, the client must provide xtremehost.in with full logs as well as any additional information requested by xtremehost.in within 48 hours of the initial Abuse Notification. Failure by a client to dispute, or to provide any required information within such 48 hour time period, will be deemed acceptance of the notification and all assessed fines associated with it.
40) XtremeHost may contact any user of server for advertising or non-advertising purposes.
41) XtremeHost reserves rights to use names and details of clients for publicizing purposes and damages for the same shall not be entertained.
42) Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services. We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh- based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the Terms and Conditions link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. This is in accordance with IT Act, 2000.
43) Renewals may or may not have the same price which is used for the 1st term of such service. Renewal prices may differ with time, requests for discounts may be sought by customers. Renewal prices may or may not be listed on the webpage on purchase, but it has to be asked by the Customer to XtremeHost before purchase of the item if he finds it important.
44) By using the website, you consent to all policies and sub-policies and clauses mentioned in the documents of XtremeHost.