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Website Design - XD2

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XD2 CMS V2

Terms of Service

PLEASE READ: BY DOWNLOADING, USING OUR SOFTWARE, OR PURCHASING SERVICES RELATED TO THE SOFTWARE AND OR HOSTING SERVICES OF ANY KIND YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER.

The terms "XD2 LTD", "XD2", "XD2s", XD2 Secure", "Us" or "We" refers to the developer of the software and contoller of the Company XD2 LTD (Company no #6934555), and any additional developers, support staff or general sub-contractors involved in the product/service or business in general.

The terms "You", "The User" or "End User" refers to you yourself or the company you represent while using this website or any of our software and/or services, hosting based or otherwise.

If you are obtaining the software and/or service as defined below on behalf of a company, you acknowledge that you are duly authorized to represent the company and accept the terms and conditions of the agreement on behalf of the company. A binding contract is then formed between XD2 and the company in accordance with the terms of this agreement. You personally agree not to commit or encourage any violation of our agreement with the company.

If the company you represent or you (collectively "you") do not agree to the terms and conditions of this agreement, do not purchase, download, install or continue to use the software, services, website or any associated material.

PROPRIETARY RIGHTS AND CONDITIONS:
All rights, title and interest including, but not limited to, copyright and other intellectual property rights in and to the website and software (including but not limited to all XHTML, CSS, PHP, JavaScript, graphic/image, and text files) are owned by XD2. Such rights are protected by copyright laws, other applicable copyright laws, and international treaty provisions. XD2. retains all rights not expressly granted herein.

You may not redistribute, sell, de-compile, reverse engineer, or disassemble any part of the website or software. XD2 furthermore reserves the right to refuse or suspend any services hosting or otherwise to any individual or company for any reason at any time, and may do so without notice.

LIMITATION OF LIABILITY:
Except to the extent prohibited by local law, in no event will XD2 or it's employees or officers be liable for direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software or services provided, whether based in warranty, contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software and/or services hosting or otherwise is entirely at your own risk. Should any software or service prove defective, you assume the entire cost of all service, repair, or correction.

DOMAIN NAMES:
All domain names registered as part of a service, hosting or otherwise are non-refundable and will only be acquired upon successful completion of payment. All domain names will remain property of you the customers and you will be free to request a transfer out from our services at anytime.

ACCEPTABLE USE:
  • You shall not use the services or the servers provided by the Supplier to:
  • Send unsolicited commercial or bulk email to any party for any reason which may or may not result in a complaint.
  • Access, or attempt to access a computer or network resource that you are not authorized to access.
  • Distribute, or make available in any way to any party intellectual property that requires some method of authorization to sell or distribute, which you do not have.
  • Although we DO ALLOW adult content we do not allow you to: Store, transmit, create, or examine any pictures, realistic or not, of humans, anthropomorphic depictions of human-like creatures, or images suggesting humans that are under the age of 18 years in an either implied or actual pornographic picture.
  • Forge email headers or TCP/IP packet headers or engage in spoofing.
  • Distribute worms, trojans, or viruses, or commit or attempt to commit any denial of service attack against any computer, network, or individual.
  • Violate export controls on any software or intellectual property.
  • IRC access is forbidden.
  • War Bots/X-DCC are not allowed.
  • No bouncers are allowed.
  • Shell hosting companies can not be run from our service.
  • Use any peer to peer programs.
  • If you are dossed XD2 reserve the right to suspend your account to limit the attack. If you are found to have caused the DDOS your account may be suspended or cancelled and you billed.
  • Abuse towards the Supplier's staff in the form of verbal abuse or anything else that we deem to be offensive may result in cancellation of your account.
  • No free hosting companies are allowed on our service due to the high risk of abuse by end clients. This includes but is not limited to, image hosting, website hosting, file hosting, chat hosting, forum hosting and so forth.
  • Game servers such as CounterStrike, Half Life 2 and similar are not allowed due to the amount of CPU resources they take.

SUPPORT POLICY:
We have dedicated 24/7 server monitoring and support. In the event anything goes wrong with any of our servers, we are alerted and everything within our power is done to rectify the situation as quickly as possible.

Please note: Support is for hosting issues only, this means actual issues with your hosting, account or control panel, not with script installation, coding or development issues, and as such should you contact support regarding issues outside of the agreed provided support we reserve the right to bill you at a rate of £1.00 per minute for any time consumed. If your website goes down due to issues at our end you are free to contact us but we will in most cases already be aware of the issue and working to fix it.

If you are new to the internet or simply want the extra support, you can purchase an additional support package, in which instance we will also cover support issues related to you website set-up in general. Please see the package options for more information.

REFUNDS POLICY:
XD2 offer a 30 day refund policy on all hosting services. The refund policy is in effect only with regards to hosting services and does not apply to any software or items purchased as part of a package. We do not offer refunds on Dedicated Server Orders, Domain Names, IP Addresses, Website Software or any type of installation or support service purchased with the initial hosting service. Further more we do not offer refunds to customers who have exhausted more then 25% of any of there allocated hosting allowances.

CANCELLATIONS:
Please note that all service cancellations should be made in writing via email or post with a minimum of 30 days notice before the date you wish to terminate the service. If we do not receive written notice we will continue you to charge and invoice you for the services and you will still be liable to pay all costs associated with the service you receive. Remember just because you have stopped using it doesn't mean it is cancelled.

INVOICE/PAYMENT TERMS:
Payment should be made in full by the date specified under the heading of "Payment Due". If an extension of the payment period is required, you should contact XD2 immediately to make a new arrangment.

In the event full payment is not received within 7 days of the "Payment Due" date passing and no alternative arrangements have been made. We reserve the right to freeze all work and/or live activities until full payment is received. Further more and in accordance with our statutory rights, we withhold the right to seek compensation of up to £100 as well as charge interest at a rate of the Bank of England's base rate plus 8%.

GENERAL DISCLAIMER:
XD2 neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc. of your hardware or data or anything else that you may own regardless of the cause or reason for any such misfortune. XD2, it's officers, and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. These policies, terms, and conditions may be subject to change without notice.


Updated: 01/10/2010
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