Last revision date: April 20th, 2022
Accepting the Terms of Service
You may not use the Services and/or provide any personal information to Xtremeprovider - Xtremeprovider.com Network if you are under the Minimum Age. The Minimum Age is sixteen (16) years old, or the lower age that you country has provided for you to consent to the processing of your personal data.
Illegal activities and content
All Services provided by Xtremeprovider.com Network - Xtremeprovider ("Xtremeprovider.com Network - Xtremeprovider") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Canadian federal, province or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Xtremeprovider.com Network - Xtremeprovider from any claims resulting from the use of service which damages the subscriber or any other party.
Sites that promote any illegal activity or present content that may be damaging to Xtremeprovider.com Network - Xtremeprovider' servers, or any other server on the Internet are prohibited. Links to such material are also prohibited.
Examples of unacceptable content or links:
NOTICE: If your account is found to contain or link to illegal activities such as described by, but not limited to these Terms of Service, Xtremeprovider.com Network - Xtremeprovider reserves the right to terminate your account without further notice. No refund will be made for pre-paid terms if termination occurs following infringement of these Terms of Service, or if required by law enforcement agencies.
Some server plans come with a predetermined amount of traffic allowance. Overage charges may apply and can vary from one location to the next. They may also apply at different rates for different services for dedicated servers, even if they are in the same location. Please contact Sales@xtremeprovider.com for further information on those charges.
Any attempt to undermine or cause harm to a server or customer of Xtremeprovider.com Network - Xtremeprovider is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account and all associated Services may be terminated without further notice or refund.
Refusal of service
We reserve the right to refuse, cancel or suspend Services, at our sole discretion, if we deem that these terms have been breached.
All sub-networks, distributive hosting sites and dedicated servers of Xtremeprovider.com Network - Xtremeprovider must adhere to the policies outlined in this Terms of Service.
By the Account Activation Date of each month, Xtremeprovider.com Network - Xtremeprovider shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for Services rendered for the current month.
Invoices are generated 14 days prior to the original Account Activation Date, and payment shall be remitted to Xtremeprovider.com Network - Xtremeprovider by no later than the specified payment due date. Xtremeprovider.com Network - Xtremeprovider shall be entitled to immediately terminate this agreement for client's failure to make timely payments. Credit cards can be billed automatically unless a direct request is made to our Billing team via the web portal not to do so, at least 48hours prior to the payment due date. It is the client's responsibility to ensure that they have sufficient funds to cover all transactions. In the event of payment failure, an automated invoice reminder will continue being sent. It is the customer's responsibility to provide an alternate payment method before the due date is reached. All late payments may result in account or service suspension.
Invoices not paid before or on the due date will incur a late fee of 5% of the total amount that remains unpaid on the invoice.
Service suspension and termination
Invoices are issued 14 days prior to the applicable due date for each active service.
A warning e-mail will be sent after the due date is passed without a payment being received and an invoice being marked as PAID.
Failure to pay within 24 hours will result in an immediate suspension of your service and a suspension notification will be sent via email.
Starting at midnight (EST) of the 3rd day after the due date, unpaid services will be terminated.
Xtremeprovider.com Network - Xtremeprovider does not guarantee that your service may be recuperated after termination and may not be held liable for loss of data, licensing rights, promotional prices or conditions, as well as any attached devices or secondary IP addresses following service termination.
Certain services carry a setup fee charged by Xtremeprovider.com Network - Xtremeprovider to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Xtremeprovider.com Network - Xtremeprovider and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Fraud and payment verification
Upon receiving a new customer's first paid order, Xtremeprovider.com Network - Xtremeprovider reserves the right to issue an Order Verification e-mail, requesting further information in order to validate your account. Until all required information is provided and deemed satisfactory by our fraud verification team, no services or support can be provided. The 3 business day delivery time starts after the verification step is passed. Verification is not necessary for all orders, and may be requested again any time you change your payment method.
Money back guarantee & refund policy
We offer a 10 day Money back policy for undelivered servers. This does not apply to purchases made with a discount of 25% or more. These purchases are final, and non refundable.
Refunds: If client has retained the services for longer than one month and has pre-paid Xtremeprovider.com Network - Xtremeprovider for such services, refunds will not be issued for any unused portion of the lease, as your purchase benefits from a long-term rebate. Therefore, if a client's account is cancelled at any point during a 3 month, 6 month or one-year term, the client will not be entitled to a refund for the months remaining.
We do not offer trial periods of any kind for dedicated servers. Abusing our 10 day refund policy in order to test our services then get a refund is not acceptable, and no refunds will be made without proper justification, or failure on Xtremeprovider.com Network - Xtremeprovider's behalf to provide the services purchased.
NB: Adherence to the Priority or VIP support plans is not refundable under any circumstance. We also will not refund servers mistakenly purchased in the wrong location; this includes servers purchased in a geo-located city as this information is made clearly available for all such cities.
General refund guidelines
We will not refund or credit under the following circumstances:
We reserve the final decision on refunds, based on the situation and reason for cancellation. The general rule is, if there is an issue on a server, our staff will dedicate themselves to fixing it. Any delays that prevent our customer from using their server will be credited, and issues that we are simply unable to solve will be refunded. It is important to note that refund requests based on information that was included in the terms of service or clearly available on our website will always be refused. For example, if a customer has purchased a geo-located server in lieu of a physically located server. Please issue a request to our support staff before making such a purchase.
About datacenter locations
While most of our announced locations are where the datacenters are, Xtremeprovider reserves the right to setup a server in a location nearby (in the same country), generally just outside of the city boundaries. You may obtain the exact datacenter location upfront by contacting our support team.
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
Cancellation requests and refunds
We DO NOT refund partial cost of your services. We require a 7-days notification prior to an invoice’s due date for cancelling a service. No refund can be issued for incomplete billing cycles, even if a cancellation request is issued prior to the 7-days period. Following the 7-days period, the previously generated invoice will have to be paid before issuing a cancellation request. The server will then be cancelled on the following due date.
Refusal of service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of liability
Xtremeprovider.com Network - Xtremeprovider shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Xtremeprovider.com Network - Xtremeprovider ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Xtremeprovider.com Network - Xtremeprovider shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Xtremeprovider.com Network - Xtremeprovider ' servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be forwarded to firstname.lastname@example.org. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation or termination.
As our hosting services are solely self-managed, the customer is fully responsible for data backup. Xtremeprovider.com Network - Xtremeprovider cannot be held liable for system down times, network or hardware failures or data loss, nor can Xtremeprovider.com Network - Xtremeprovider be held accountable for any loss on projected income due to system down times, network or hardware failures or data loss. Certain services provided by Xtremeprovider.com Network - Xtremeprovider are resold. Thus, certain equipment, routing, software and programming provided by Xtremeprovider.com Network - Xtremeprovider are not directly owned or written by Xtremeprovider.com Network - Xtremeprovider. Moreover, Xtremeprovider.com Network - Xtremeprovider holds no responsibility for the use of our client accounts. Failure to comply with any terms or conditions may result in the automatic deactivation or termination of the responsible account. We reserve the right to remove any account, without advance notice for any reason without restitution, as Xtremeprovider.com Network - Xtremeprovider sees fit.
By activating your account with Xtremeprovider.com Network - Xtremeprovider, you agree to the above policies and conditions. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We may however advise you by e-mail or phone prior to taking any action to provide you with an opportunity to resolve the issue, at our own discretion.
Server uptime guarantee
Xtremeprovider.com Network - Xtremeprovider guarantees 99.99% service (http, ftp, pop, imap, smtp) uptime in Tier 1 locations only. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of the excess downtime, as per our Service Level Agreement.
Xtremeprovider.com Network - Xtremeprovider reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification. We will not however increase active account plans without reasonable justification, and a 30 day warning will be provided for all such price increases.
As a provider of web site hosting and other Internet-related services, Xtremeprovider.com Network - Xtremeprovider offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Xtremeprovider.com Network - Xtremeprovider respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Xtremeprovider.com Network - Xtremeprovider reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Xtremeprovider.com Network - Xtremeprovider has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Xtremeprovider.com Network - Xtremeprovider' services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Xtremeprovider.com Network - Xtremeprovider cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Xtremeprovider.com Network - Xtremeprovider cannot monitor or censor the Internet, and will not attempt to do so, Xtremeprovider.com Network - Xtremeprovider cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Xtremeprovider.com Network - Xtremeprovider does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Xtremeprovider.com Network - Xtremeprovider' network and may reach a large number of people, including both subscribers and non-subscribers of Xtremeprovider.com Network - Xtremeprovider, subscribers' postings to the Internet may affect other subscribers and may affect Xtremeprovider.com Network - Xtremeprovider' goodwill, business, reputation or operations.
For these reasons, subscribers violate Xtremeprovider.com Network - Xtremeprovider policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Xtremeprovider.com Network - Xtremeprovider will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Xtremeprovider.com Network - Xtremeprovider' policy or applicable law. However, when Xtremeprovider.com Network - Xtremeprovider becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Xtremeprovider.com Network - Xtremeprovider.
Xtremeprovider.com Network - Xtremeprovider is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Xtremeprovider.com Network - Xtremeprovider' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Xtremeprovider.com Network - Xtremeprovider does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Xtremeprovider.com Network - Xtremeprovider reserves the right to directly take action against a customer of its subscribers. Also, Xtremeprovider.com Network - Xtremeprovider may take action against the Xtremeprovider.com Network - Xtremeprovider' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Xtremeprovider.com Network - Xtremeprovider anticipates that subscribers who offer Internet services will cooperate with Xtremeprovider.com Network - Xtremeprovider in any corrective or preventive action that Xtremeprovider.com Network - Xtremeprovider deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Xtremeprovider.com Network - Xtremeprovider policy.
Xtremeprovider.com Network - Xtremeprovider will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Xtremeprovider.com Network - Xtremeprovider may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Xtremeprovider.com Network - Xtremeprovider may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Xtremeprovider.com Network - Xtremeprovider assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Xtremeprovider.com Network - Xtremeprovider may disclose subscriber information or information transmitted over its network where necessary to protect Xtremeprovider.com Network - Xtremeprovider and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Xtremeprovider.com Network - Xtremeprovider will never sell information to other services or outside companies.
Xtremeprovider.com Network - Xtremeprovider expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Xtremeprovider.com Network - Xtremeprovider policy. Finally, Xtremeprovider.com Network - Xtremeprovider wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Xtremeprovider.com Network - Xtremeprovider for any violation of the Service Agreement, law or Xtremeprovider.com Network - Xtremeprovider policy resulting in loss to Xtremeprovider.com Network - Xtremeprovider or the bringing of any claim against Xtremeprovider.com Network - Xtremeprovider by any third party. This means that, if Xtremeprovider.com Network - Xtremeprovider is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Xtremeprovider.com Network - Xtremeprovider, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Xtremeprovider.com Network - Xtremeprovider and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to email@example.com.