By subscribing to our website, server or any other service provided by XM Hosts, you ("The Client", "Client", "The Customer", "Customer", "End-user", "They") are agreeing with the Terms of Service set below, as an agreement with XM Hosts ("XM Hosts", "XM", "we", "our", "us"). XM reserves the right to suspend and/or terminate any product or service directly supplied by us with or without refund, or prior notice or warning. XM reserves the right to alter or change the Terms of Service with or without notifying the client of such changes, it is the responsibility of the client to check the Terms of Service periodically. If the Terms of Service set out by XM should change at any time and the client does not, or is not complying with the revised Terms of Service, XM reserves the right to suspend and/or terminate the client's service or server with or without notice or refund. By accepting these Terms of Service the Client understands and agrees that any breach in them may lead to service termination without refund. XM will not tolerate any use of our website, content, services, images, logos, or any other material hosted, created or managed directly or indirectly by XM to be reproduced, sold or traded without the written consent of the XM management.
Refunds and Cancellations
XM reserves the right to provide or deny refunds with or without reason, regardless of the refund guidelines below. XM maintains a 5-day refund policy (including date of purchase as the first day) provided there is a genuine technical issue with the server that takes more than 24 hours to resolve. All Dedicated Servers from our Dedicated Servers range are non-refundable. All product add-ons and additional services are non-refundable. Account credits only hold value within XM and hold no external monetary value, they can only be used internally within the XM system and cannot be refunded. Any cancellation requests made must be done 1 day before your service renewal date as to avoid service renewal, XM is not liable for any cancellations placed within 24 hours of the due date that lead to the Customer being charged. When a Customer wishes to close an account or service with XM, they agree that they must put a cancellation request through our system to confirm this, and not through any other means such as, but not limited to; not paying invoices, cancelling any payment subscriptions or emailing us to cancel the account. If the Customer does not send a cancellation request through the appropriate channels and is as a result charged for a continued service with XM, the Customer is solely liable, and XM holds no liability for any payment reversals or chargebacks due to this. XM operates under the premise that if the customer does not put a cancellation request through our system, they wish to continue paying and using their service with us. The Customer agrees that if they have not put a cancellation request through the XM's system, that XM is in no way responsible for any payments or charges made.
XM offers the ability for customers to open and create Payment subscriptions upon creating a service with us. If the Customer opens or creates a payment subscription, or recurring subscription with XM they agree to wholly take liability for the payments, it is the Client's responsibility to maintain and close these subscriptions. XM is in no way responsible for maintaining or closing such payments, any payments made through such system after the Customer wishes to end their services with XM will be the sole responsibility of the Client and XM is not liable for any payment reversal or chargeback as a result of the Client neglecting to close these payments. Any payments made by Credit Card may be subject to a Credit Card Capture method of Payment. If the Customer wishes to close their account with us and fails to properly place a cancellation request through XM's system, XM is not liable for any Credit Card Capture payments made.
All payment invoices will be produced and made available for the customer to view 10 days before payment is due, the Customer will also be emailed a copy of the invoice 10 days before the invoice is due. Failure to pay the invoice before the due date will result in service suspension until the payment is received. If no payment is received within 14 days from the due date, the service will be irreversibly terminated.
Although XM keeps regular backups of our servers and systems, The Client understands that they are solely responsible for their own data management and backups. XM does not hold any liability for data loss. XM is in no way liable for any corruption or data loss of such systems.
Limitations of Liability
The Client expressly acknowledges and agrees that to the fullest extent permitted by applicable law XM shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if XM has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. Nothing in the Terms of Service shall affect the statutory rights of any consumer, exclude or restrict XM' liability arising from fraud or other criminal action or exclude or restrict any liability for death or personal injury arising from the negligence of XM.
Acceptable Usage Policy
The Client agrees not to attempt to modify or change the products or services offered by XM in any way from their original specification. The Customer agrees not to upload any malicious content to any server or system operated or sub-operated by XM that could cause harm or impair the performance of XM' systems, The Client understands that doing so will lead to instant termination with no refund. The Client understands that XM may have to change some server connection details, such as its IP address or service port. XM will always notify the Client previously of this change so that the Client has time to prepare this same change on its end. If The Client gains unintentional permissions or access to any administrative area, or one that is of another Client's, the Customer is required to notify XM immediately, failure to do so will lead to instant termination without refund. Although XM does not employ any soft or hard limits on Disk space, bandwidth, memory usage or CPU usage, the customer agrees that XM reserves the right to act if the Client operates their services with us in such a way to overuse these resources. XM also reserves the right to take manual action against the Client's service to ensure stability to XM system. XM reserves the right to determine what is determined as "over-usage". The Client understands that excessive use ("Spamming") through the ticket system, emails, telephone, live-chat or any other means of communication between the Client and XM is seen as breaching the AUP. Any abusive, sexist, homophobic, racist, foul-language, detrimental, or in any way malicious communication made by the Client will be seen as breaching the AUP. XM reserves the right to refuse support, and to terminate if deemed necessary any Client who breaches the AUP without refund.
We do not store credit card details, nor do we share any customer information with any third-party. XM will never give out personal details about any Client to any third parties without the consent of the Client, or a legal warrant. XM is in full compliance with the Data Protection Act 1998.