The following Terms of Use (TOU) apply to ALL Xoraie Media Productions LLC customers:
Xoraie Media Productions LLC
Xoraie Media Productions LLC services include, but are not limited to:
Ownership of Web Site
The legal owner of customers' Web sites and accounts with Xoraie Media Productions LLC will be the individual or organization whose name is listed in Xoraie Media Productions LLC's database as the owner. Customers will fully cooperate with and abide by any and all of Xoraie Media Productions LLC's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Xoraie Media Productions LLC.
Illegal Use
Xoraie Media Productions LLC servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Xoraie Media Productions LLC services, all Xoraie Media Productions LLC customers certify that they and/or the organization they represent in procuring services from Xoraie Media Productions LLC are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Xoraie Media Productions LLC's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Xoraie Media Productions LLC server, and selling or distributing software (on a Web site residing on a Xoraie Media Productions LLC server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Xoraie Media Productions LLC reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability including a fine of $500 per incident. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
Viruses and Other Destructive Activities
Use of Xoraie Media Productions LLC's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Xoraie Media Productions LLC's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Indemnification
Xoraie Media Productions LLC customers agree to protect, defend, hold harmless, and indemnify Xoraie Media Productions LLC, any third party entity related to Xoraie Media Productions LLC (including, without limitation, third party vendors), and Xoraie Media Productions LLC's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Xoraie Media Productions LLC, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Xoraie Media Productions LLC's services.
Disclaimer
The Xoraie Media Productions LLC service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Xoraie Media Productions LLC expressly disclaims any representation or warranty that the Xoraie Media Productions LLC service will be error-free, secure or uninterrupted. No oral advice or written information given by Xoraie Media Productions LLC, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Xoraie Media Productions LLC and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Xoraie Media Productions LLC may immediately terminate provision of Xoraie Media Productions LLC's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Xoraie Media Productions LLC in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL XORAIE MEDIA PRODUCTIONS LLC (INCLUDING, WITHOUT LIMITATION, XORAIE MEDIA PRODUCTIONS LLC'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS XORAIE MEDIA PRODUCTIONS LLC, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING XORAIE MEDIA PRODUCTIONS LLC'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR XORAIE MEDIA PRODUCTIONS LLC SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY XORAIE MEDIA PRODUCTIONS LLC SERVICES EVEN IF XORAIE MEDIA PRODUCTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XORAIE MEDIA PRODUCTIONS LLC'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR XORAIE MEDIA PRODUCTIONS LLC'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY XORAIE MEDIA PRODUCTIONS LLC OR XORAIE MEDIA PRODUCTIONS LLC'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications
Xoraie Media Productions LLC may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Xoraie Media Productions LLC's services. Certain changes to Xoraie Media Productions LLC's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Xoraie Media Productions LLC is not liable, for any and all such personalized applications and content, except as expressly agreed to by Xoraie Media Productions LLC.
Backup of Data
Except where Xoraie Media Productions LLC has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Xoraie Media Productions LLC is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Xoraie Media Productions LLC services.
Third Party Licenses
Xoraie Media Productions LLC makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Xoraie Media Productions LLC makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Xoraie Media Productions LLC specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Xoraie Media Productions LLC liable in any way for the revocation of any license, which has been licensed to Xoraie Media Productions LLC. The use of the Technologies obtained from or through Xoraie Media Productions LLC, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Force Majeure
Xoraie Media Productions LLC will not be liable for delays in its performance of the TOU or Xoraie Media Productions LLC services caused by circumstances beyond Xoraie Media Productions LLC's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Xoraie Media Productions LLC will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for Xoraie Media Productions LLC services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Xoraie Media Productions LLC.
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Xoraie Media Productions LLC and its customers. Each of Xoraie Media Productions LLC and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Adult Content
Pornography and sex-related merchandising are prohibited on Xoraie Media Productions LLC servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. 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.
Child Pornography
The use of Xoraie Media Productions LLC's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Xoraie Media Productions LLC is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Privacy
Xoraie Media Productions LLC is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Xoraie Media Productions LLC urges its customers to assume that all of their on-line communications are insecure. Xoraie Media Productions LLC cannot take any responsibility for the security of information transmitted over Xoraie Media Productions LLC's facilities.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Xoraie Media Productions LLC services, constitutes the complete understanding and agreement between Xoraie Media Productions LLC and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Xoraie Media Productions LLC, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Xoraie Media Productions LLC services is between Xoraie Media Productions LLC and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Xoraie Media Productions LLC.
Xoraie Media Productions LLC Customer Billing Policy
The following Terms of Use constitute Xoraie Media Productions LLC's Billing Policy and apply to ALL Xoraie Media Productions LLC customers:
Payments
All charges are shown in US Dollars. Payments are to be made in US dollars.
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Xoraie Media Productions LLC your credit card information, you authorize Xoraie Media Productions LLC to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Xoraie Media Productions LLC's Billing Policy in the TOU. You are responsible for directly updating, or notifying Xoraie Media Productions LLC, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Accounts that are ten (10) days past due will be subject to suspension. Reactivation of a hosting account will include a $5.00 service charge, and reactivation of a reseller account will include a $15.00 service charge. Dedicated subscribers which are past due will be subject to a $25.00 late payment fee per past due invoice. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
Billing Cycles (Terms)
Xoraie Media Productions LLC offers two Billing Cycles (terms) for hosting charges: Monthly, and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date.
You may elect to change your Billing Cycle at any time.
Additional items including dedicated IP addresses, SSL Certificates, application installations, and monitoring/management services are non-refundable.
Account Renewals
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the rate of the initial purchase date according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Fees
Credit Card Chargebacks
A $25.00 chargeback fee will be assessed for each credit card chargeback received by Xoraie Media Productions LLC.
Cancellations
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must submit a cancellation request via the Xoraie Media Productions LLC Account Manager. Xoraie Media Productions LLC's customer service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service.
Cancellation requests must be received by Xoraie Media Productions LLC a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Xoraie Media Productions LLC. Xoraie Media Productions LLC is unable to cancel your account effective for a future date. Xoraie Media Productions LLC will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Xoraie Media Productions LLC as soon as possible.
Xoraie Media Productions LLC will not provide partial refunds for early terminations. Annual service agreements paid on a monthly recurring basis will require 100% payment in full for remaining agreement length at the time of any early termination.
Xoraie Media Productions LLC does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Xoraie Media Productions LLC's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Xoraie Media Productions LLC, LLC reserves the right to cancel any account, at any time, without notice, for any reason Xoraie Media Productions LLC LLC considers appropriate.
30-Day Money Back Guarantee
Each of Xoraie Media Productions LLC's shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees. See Refund Policy for all other purchases from Xoraie Media Productions LLC. All Third Party services and products have their own (TOU) and unless other wise stated by them will follow Xoraie Media Productions LLC’s Refund Policy. All Third Party services and products are warrentied by that Third Party. Xoraie Media Productions LLC will not be responsible or liable for any Third Party service or product.
Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the form of a check no matter what payment method was used as the original payment. There are no refunds offered or promised after 30 days. No refunds for any product with the intend of purchase as a single 30 day use with out consent of Xoraie Media Productions LLC pryer to purchase.
Credit Card Disputes/Chargebacks
Xoraie Media Productions LLC has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Xoraie Media Productions LLC's discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
Billing/Price Changes
Xoraie Media Productions LLC's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Last Updated: 01/12/2007