Terms of Service & Acceptable User Policy

The terms and conditions below are constituting a legal form of agreement between you (below referred to as “The Customer”) and Xtreme Infinity (below referred to as “The Company”), legal owner of the domain name and web site www.xtremeinfinity.com (below referred to as “The Website”), each referred to herein as a “Party” and, when collectively, as the “Parties”. You agree that you are bound to these terms by your use of The Company Services which includes, but is not limited to visiting the website, using its internal and external links for search of information, ordering any of The Company services, contacting The Company representatives, Support Services and/or any software or service made available to you by The Company.

Account Setup

The Customer’s account will be activated after The Company receives the first payment for it as per the prices responding to the package on The Website. It is The Customer’s sole responsibility to provide The Company with an email address that does not belong in the domain authority of the domain(s) that is (are) being signed up. It is sole responsibility of The Customer to keep the primary email address up to date at any time. Setup and processing fees may apply upon signing up and such are not subject to refund upon cancellation, whether it is requested by The Customer or forced by The Company.

Website transfers

The Company will make best effort to transfer The Customer’s website to its servers, still, this is provided for The Customer’s convenience only, as a courtesy service and The Company cannot make any guarantees concerning the time, availability or possibility for the account to be transferred to its servers. Every hosting company is organized differently, thus there is a possibility that The Customer’s former hosting company saves data in an incompatible format. In result, some or all of The Customer’s data might be impossible to be transferred.

Each shared hosting package is entitled to a single website or application transfer as a part of the free website transfer promotion. The acceptable size of content that The Customer may require as a part of the courtesy website transfer service provided by The Company is 2GB. In case several websites or applications are requested to be manually transferred to a single shared hosting account (Unlimited package) additional fees might be applied upon customer request for extra files or database transfers.

Website Builder

The Company will provide The Customer with a third party tool, integrated in Plesk Panel software, which will allow The Customer to build his own website. The Customer acknowledges that this tool is provided as an act of good faith and is not a professional service provided by The Company. The Customer acknowledges that this tool is a third party software and The Company cannot take any responsibility for any misfortunes, faults or issues caused by its functionality, licensing or accessibility.

Dedicated IP

The Company will provide The Customer with the ability to purchase a dedicated IP address for the purpose of web hosting and outgoing email services.

The Customer acknowledges that the allocation of the dedicated IP address may take up to 72 hours after ordering the service. The Company reserves the right to decline dedicated IP address request at its sole discretion, where inappropriate usage of the service, for unlawful acts, is suspected. It may also require justification for the request, per RIPE regulations.

The Company will charge the service on an annual basis and requires that an initial yearly fee as per the pricing described in the Client Area.

Backup/Storage policy

The Company will act in a good faith to create a backup copy of each Customer’s account couple of times a week, as frequent as the overall storage allows. The Company reserves the right to exclude certain file formats from the backup procedure, in case they are considered inappropriate, including, but not limited to high definition digital media formats, archive formats, cache formats, databases exceeding 400MB in raw size.

The backup copies mentioned herein are intended for The Company’s internal use only. The Customer understands and agrees that he is solely responsible for making backup copies of web site and content, associated with the account, such as email messages, SQL databases, etc. The Company has no liability or obligation to create, store or provide any backup copy to the Customer website and other content.

The Customer understands and agrees that The Company cannot and will not be liable for any damage, loss of data, loss of use or other loss occurring because of lack of a copy of Customer’s website and other content or having an outdated back up copy of Customer’s website and other content.

The Company cannot be held liable for any damages caused by loss of data, the reasons for which include but are not limited to Internet connectivity problems, electricity outage, hardware failure, software failure, human mistake and force major events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment, etc.

In these and all other cases The Customer will be solely responsible for making and storing his/her own backup copies of the data, associated with the Customer’s hosting account as well as restoring any missing data and information.

The Company shall not be liable for the time period needed for the Customer to restore the backup information to his hosting account and shall have no obligation to notify the Customer in the event that the Customer’s account content needs to be restored.

The company reserves the right to exclude The Customer from its backup processes, in case that his files/databases do not meet the “Inodes policy” and “MySQL/PostgreSQL/Other database engines policy” of this document.

Extra services general and refund policies

All extra services, where not explicitly stated are subject of certain charge, for certain period, which is held due to The Customer by The Company. All extra services are not subject to refund, in case that they have been applied to the account and the Customer has taken advantage of them. Even a service is listed or not in this document, The Company reserves its sole right to decide whether this service is or is not refundable, depending on the given circumstances.

Payments and Renewal policy

The Customer understands and agrees that his services with The Company will be billed on a recurring basis, unless The Customer informs The Company that he wants to cancel any or all of the provided services by submitting a Cancellation Request form in the Client Area.

All renewal payments are not eligible for refund and it is sole responsibility of The Customer to make sure that his payment information is kept up to date, as well as all invoices are paid on time.

Cancelation requests for renewal payments must be submitted before 11:59AM GMT on the day before the renewal date. All payments conducted after this moment are considered as non-refundable. If The Customer fails to comply with this requirement, The Company has the sole right to suspend his account until renewal payment is received.

Service cancellation by the Customer

All services that are provided by The Company can be canceled by The Customer. Only requests submitted through the Client Area are considered as valid and will be reviewed by The Company.

There are two parts of cancellation: initiating a cancellation request and then confirmation of the cancellation request. The Company receives the cancellation request only after it has been confirmed by the Customer.

The cancellation becomes effective in accordance with the time chosen by the Customer through the Cancellation process.

Right after the cancellation becomes effective, the Customer’s account will be suspended immediately. The Customer acknowledges that the Company is keeping a copy of the cancelled account for no more than 7 (seven) calendar days after the cancellation becomes effective. 7 (seven) days after the cancellation becomes effective any information or data in the account will be deleted, it includes: the cancelled account, all of its backup copies and any other information or data related with the account.

After the cancellation becomes effective the Company cannot be held in charge for loss of data due to suspension or termination.

The Company will refund the customer if the cancellation request meets the following terms:

  1. The Customer’s cancellation request has become effective in less than 14 (fourteen) days after the date of the first payment for the account.
  2. The cancellations of a hosting account or extra service, where explicitly agreed, that become effective in more than 30 (thirty) days after the first payment are not eligible for refund.
  3. The money paid by the Customer for the hosting account(s) will be refunded excluding the setup and processing fee paid during the sign up process. Setup and processing fees paid upon signing up are not subject to refund.
  4. If a domain name is registered by the Customer during the initial hosting account order process, then the appropriate domain name registration fee will be withheld. In case of a refund, the domain name registration fee is always withheld, even if this fee was waived at the time of purchase.
  5. The Customer has used the Company hosting service for at least 12 months.
  6. The server (s), where The Customer hosting account is located, experiences a total downtime of more than 0.1% in a period of 12 months after the account activation or during any of the consecutive 12-month periods.
  7. The reason(s) for the server downtime occurrence(s) were NOT beyond the Company influences, which include but is not limited to: DoS attacks, Internet connectivity problems, electricity outage, hardware failure, software failure and force major events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment relative to the server uptime, etc.
  8. The Customer requests his/her compensation not later than 30 days after the 12 month period, in which there was a downtime bigger than 0.1%, has ended. The Customer will be compensated with a credit equal to the fee he has paid for the hosting service prorated by the number of hours in which the Service was interrupted because of the downtime.
  9. Any kind of daemon processes, such as, but not limited to: IRCD, BNC, proxy.
  10. Any type of web crawler software, whether it is standalone or modular.
  11. Any type of software that interfaces with IRC or another type of relay chat networks.
  12. Any type of torrent applications, trackers, or clients. Your websites may contain links to legal torrent websites, but you may not host or store such on your account.

 Service Cancellation by The Company

Any of the services that the Company offers may be canceled by the Company with no prior notice and with no refund in case that the Company finds out in good faith that the Customer’s use of the service violates the Terms of Use. The Company cannot be held in charge for loss of data if such a cancellation has been done.

The Company may also cancel any of its services, if the Company determines in good faith that this service has become impractical or unfeasible for any technical, legal, loyalty, regulatory or other reason, by giving or without giving the Customer as much prior notice as reasonably practicable.

The services used by the Customer may be canceled for any or no reason by the Company with a preceding 7 days notice. After the 7 day period the Customer’s Account will be ended and the Customer will be provided with access to an archived backup copy of the Customer’s account content as of the termination date. These backup copies will be available for no more than 7 calendar days. After the expiration of the 7-day period for accessing the archived back up copy, all backup copies and any other information or data related with the account will be deleted from the Company’s servers.

If the reason for service cancellation by the Company is different from violation of Terms of Use by the Customer, a prorated refund will be issued by the Company for all the months that the account is prepaid and will not be used by the Customer. The calculation of the amount of the refund will be made by multiplying the number of the unused months by the prepaid monthly price as it is for the Customer’s billing cycle. The Company will offer several options for receiving the refund; still it is only the Customer’s responsibility to provide the information needed for receiving the refund.

The Customer acknowledges that if the reason for service cancellation by the Company is violation of Terms of Use by the Customer, a refund will not be issued by the Company.

Forced service cancellation by the Company

Any of the services that the Company offers may be force-cancelled by the Company, in case that they are no longer found feasible or harm directly the Company’s best interest.

In case of forced service cancellation, the Customer is acknowledging that all hosted content, including copyrighted and intellectual one is turned into property of the Company, which on its side uses it to cover further or previous expenses related to the services provided thereby, either by creating an auction or give-away.

Actions, which harm directly the Company’s best interest include, but are not limited to: chargebacks, fraudulent activities on behalf of the Company, false prophecy against the Company’s services, representatives, other Customers or associates.

Uptime Guarantee

For annual downtime of more than 0.1% on the server(s), where The Customer’s website is hosted, The Customer will receive compensation if all the conditions below are met:

  1. The Customer has used the Company hosting service for at least 12 months.
  1. The server (s), where The Customer hosting account is located, experiences a total downtime of more than 0.1% in a period of 12 months after the account activation or during any of the consecutive 12-month periods.
  1. The reason(s) for the server downtime occurrence(s) were NOT beyond the Company influences, which include but is not limited to: DOS attacks, Internet connectivity problems, electricity outage, hardware failure, software failure and force major events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment relative to the server uptime, etc.
  1. The Customer requests his/her compensation not later than 30 days after the 12 month period, in which there was a downtime bigger than 0.1%, has ended. The Customer will be compensated with a credit equal to the fee he has paid for the hosting service prorated by the number of hours in which the Service was interrupted because of the downtime.

Price Change

The Customer should pay the applicable amount at the time of registration/renewal date. The Company has the right to change the prices periodically and The Customer will be charged on the new applicable price and taxes for the next billing cycle. Exceptions apply in case that a Customer or group of such have written arrangement with The Company’s Billing Department.