Your use of EXLHosting is subject to the terms and conditions set forth in these EXLHosting Terms of Service (the “Agreement”). This Agreement explains (i)
what’s allowed when using Our Services; (ii) the rights You have as a user of our Services; (iii) the rights EXLHosting has if you do something which is not allowed when using our Services; and (iv) many other important terms. This Agreement is a legal contract between you and EXLHosting and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us using the Customer Support Live Chat or Email on Our Website.
Interpretation
The words of which the first letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other
managing authority.
Account means a unique account created for You to access parts of Our Website and/or the Services offered by Us.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Extreme Live LLC as well as its subsidiaries (“EXLHosting”).
Device means any device that can access the Website such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Orders mean a request by You to purchase Services from Us.
Services refers to the products and services made available by the Website.
Subscriptions refer to the Services or access to the Services offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.
Website refers to EXLHosting, accessible from https://extremelivellc.com/.
You (referred to as either “You”, “Client”, or “Your” means the individual accessing or using the Services, or the company, or other legal entity authorized to act on Your behalf.
Use of Service
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. You represent and warrant to the Company that you are eighteen (18) years of age or older. Any use of or access to the Website and/or Services by anyone under eighteen (18) years of age is prohibited. If You use the Services on behalf of another party, You agree that You are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services. Use of the Company’s Website and/or Services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of Your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from Our hosting. The Company’s Website and/or Services may only be used for lawful purposes. You agree to indemnify and hold harmless the Company from any claims resulting from Your use of the Company’s Website and/or Services. Solely for the purpose of providing the Services, You hereby grant to the Company the right and license to access, store and use any content provided by You, and to remove all or any portion of such content if You violate the provisions of this Agreement. The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Website strictly in accordance with the terms of this Agreement. We may from time to time, and at any time, monitor Your use of the Services to ensure Your compliance with the provisions of this Agreement. Your access to and use of the Website and/or Services is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and/or the Services and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.
Third Party Providers
All transactions with third-party providers are solely between You and the individual provider. The Company is not the agent, representative, trustee or fiduciary of You
or the third-party provider in any transaction.
User Accounts
You must create a User Account to access and/or purchase Our Services. When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your account on Our Website. You are responsible for safeguarding the password that You use to access Your account on Our Website and for any activities or actions under Your password, whether Your password is with Our Website or a Third-Party Service. You agree not to disclose Your password to any third-party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username, the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Your Information
If You wish to place an Order for Services available on the Website, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You are legally capable of entering into binding contracts (ii) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (iii) the information You supply to us is true, correct and complete. By submitting such information, You grant Us the right to provide the information to payment processing third-parties for purposes of facilitating the completion of Your Order. We reserve the right to refuse or cancel Your Order if fraud or an
unauthorized or illegal transaction is suspected.
Subscriptions
We provide subscription-based Services that renew on a recurring monthly, quarterly or semi-annual basis. Depending on the type of Subscription plan You select when purchasing the Subscription, Your Subscription will (i) automatically renew on the expiration of Your selected plan; or (ii) You will be required to manually renew the plan at least two (2) days prior to the end of the Subscription period. The plan will continue under the exact same conditions upon renewal unless You or the Company cancels the plan or the Company updates these Terms. For manual renewals, You will receive an invoice for the applicable fees for the upcoming period fourteen (14) days prior to the renewal date. If payment is not made before the renewal date, Your account will be suspended for three (3) days. If payment is not made within this period, then Your account will be terminated.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Any Services with an invoice that is outstanding for more than fourteen (14) days may be terminated. You may cancel Your Subscription renewal by contacting the Company through our Customer Support Live Chat or Email on the Website. You will not receive a refund
for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Billing & Payments
Payment can be made through various payment methods We have available, such as Credit Card, or online payment methods (“PayPal” or “Stripe”). Payment cards
(credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable
for any delay or non-delivery of Your Order. Your payment information is not stored by Our Website for future use and must be entered at the time of each subscription purchase or renewal. We are not liable for any payment information provided to and/or stored by third-party online payment methods (“PayPal” or “Stripe”). All purchases are processed in United States Dollars (USD). Due to potential time delays between actual purchase and the payment settlement, the actual price charged may fluctuate due to currency conversions if Your payment method is denominated in another currency. Accordingly, We make no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, displayed subscription fees do not include any applicable sales, use, revenue, excise, or other taxes which may be imposed by a taxing authority in the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the thencurrent Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to cancel Your Subscription before
such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Payments made for eligible services provided by the Company may be eligible for a refund, on a case-by-case consideration by the Company. In order to be eligible for
a refund, You must request cancellation of the Services or a part thereof in writing to our Customer Support email address. Once the service is cancelled a refund may
be requested. The refund request must be made within five (5) days of the payment transaction time. Refunds do not apply to dedicated IP addresses, SSL certificates, renewals, or any third-party product that are not included in the package and are purchased at an additional fee, or domain registration related fees.
Disputes & Chargebacks
You have sixty (60) days to dispute any charge or payment processed by the Company. If you have a question concerning a charge you believe is incorrect, please contact us using the Customer Support Live Chat or Email Address on Our Website. If You improperly initiate a chargeback for Services rendered by the Company, We will terminate the Services on Your account. You will also be permanently banned from future use of Our Services.
Termination & Cancellation Policy
This Agreement will remain in effect until terminated by You or the Company. Upon termination, Your right to use the Website and/or the Services will cease immediately. This Agreement may be terminated upon cancellation of Your Account in accordance with these Terms and Conditions. Cancellation is completed by contacting Us directly via the Customer Support Live Chat or Email Address on our Website at least five (5) working days before the Account renewal date. We may terminate or suspend Your Account and/or access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without prior notice or liability, for any reason whatsoever, including without limitation if (i) You fail to pay any fees due; (ii) You violate the terms and conditions of this Agreement; (iii) Your conduct may harm the Company or others, cause the Company or others to incur liability, or disrupt the Company’s business operations (as determined by Us in Our sole discretion); (iv) You are abusive toward
the Company’s staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In the event of such termination or suspension, You agree (a) that no pre-paid fees will be refunded to You; and (b) that We may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of the Company. You will be obligated to pay all fees and charges accrued prior to the effectiveness of such termination, as well as all costs incurred by the Company in enforcing your compliance with this Section. Upon termination of the services for any reason, user content, user websites, and other data will be deleted.
Intellectual Property
Except for Subscriber Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Company Content"), are the property of the Company or its licensors. No Company Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Company Content. Any use of the Company Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to Your use of the Services and the Company Content granted herein. All rights of the Company or its licensors that are not expressly granted in this Agreement are reserved to the Company and its licensors.
Subscriber Content.
a. You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “Subscriber Content”). Subscriber Content includes any content posted by You and users of any of your websites hosted through the Services (“Subscriber Websites”). You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content on or through the Services, you represent and warrant to the Company that (i) you have all necessary rights to post or distribute such Subscriber Content, and (ii) Your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party. b. You acknowledge and agree that the Company may, but is not obligated to, monitor Subscriber Content and may immediately take any corrective action in the Company’s sole discretion, including without limitation removal of all or a portion of the Subscriber Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that the Company shall have no liability due to any corrective action that the Company may take, including without limitation suspension or termination of Services. c. You hereby grant to the Company, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content and the Subscriber Website; and (ii) make archival or back-up copies of the Subscriber Content and the Subscriber Website. Except for the rights expressly granted above, the Company is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with You.
Your Feedback
You assign all rights, title and interest in any Feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Modifications to Our Website
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Website or any Services to which it connects, with or without notice and without
liability to You. We may from time to time, implement enhancements or improvements to the features and/or functionality of the Website, which may include patches, bug fixes,
updates, upgrades and other modifications. We reserve the right to implement these enhancements which may modify or delete certain features and/or functionalities of
the website, without notice or liability to You. You agree to the Company’s use of "Cookies" to identify the areas of Our website that You have visited. A Cookie is a small piece of data stored on Your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of Our Website but are non-essential to their use.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Services on the Website. The Services available on Our Website may be mispriced, described inaccurately, or unavailable,
and We may experience delays in updating information regarding Our Services on the Website and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You through the Website. To the maximum extent permitted by applicable law, in no event, shall the Company
or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Links to Other Websites
Our Website may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, or services available on
or through any such websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
"AS IS" and "AS AVAILABLE" Disclaimer
The Website is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the
foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Services will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; or (iv) that the Services, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Governing Law
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based on an
alleged tort, shall be governed by the internal laws of the State of Florida, without regard to conflicts of laws principles. The United Nations Convention on Contracts
for the International Sale of Goods nor the General Data Protection Regulation does not apply to this Agreement.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first attempt to resolve the dispute informally by contacting the Company via Customer Support
Live Chat or Email Address on the Website. In the event You are unable to resolve this dispute in this manner, You agree that any action to enforce this Agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court of Florida, or if there is no jurisdiction in such court, then in a state court in Lauderhill County, State of Florida.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United
States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Entire Agreement
This Agreement, including documents incorporated herein by reference or otherwise referred to herein, supersedes all prior discussions, negotiations and agreements between You and the Company with respect to the subject matter hereof, and this Agreement and such other agreements constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. You may be subject to additional terms and conditions that apply when You use or purchase other Services offered by the Company, which will be provided to You at the time of such use or purchase.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Modification of These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. Unless otherwise required by law, We will notify you before We make changes to these Terms. If a revision is material, We will make reasonable efforts to provide reasonable notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Website and/or Services after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and/or the Services and contact us for a cancellation of Your subscription in accordance with these Terms, if necessary.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us by visiting the Customer Support Live Chat or Email Address on Our website: https://extremelivellc.com/.
