This is an Agreement between You - Customer of our Dedicated Hosting Services, and the following companies, which partner with XLPages - LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. Legal details about the two companies can be found in the 'Customer Service Contact Details' section of this document. For the sake of brevity, XLPages, LiquidNet US LLC and LiquidNet Ltd. will be referred to as 'XLPages' in this document.
When signing up for a Dedicated server hosting account with XLPages, the Customer agrees to
abide by the rules and provisions explicated in these Dedicated Terms of Service, as well as all
their coherent policies (Order Verification Policy, Acceptable Use Policy, etc.) mentioned herein.
The Customer of our Services should also be aware that when signing up for a Dedicated server
hosting account with XLPages, he/or she agrees to position data on our servers and make
it accessible to the wide internet public. In this respect, the Customer understands and agrees
that it is beyond the power of XLPages to restrict any public access to this data and
guarantee the security of the Customer's files. The Customer, therefore, is completely in
charge of protecting his/her web content on our Dedicated servers and should consider carefully
each piece of information before uploading it to his/her newly allocated Dedicated server space.
We highly recommend that Customers avoid publishing online personal data that could be abused.
SERVICE AGREEMENT; ENTIRE AGREEMENT
XLPages shall provide its Services to You - the Customer - under the Terms and
Conditions explicated in this Service Agreement. The Agreement is intended to keep the
integrity of both XLPages and the Customer and to protect both parties from liability.
This Service Agreement will be enforced to ensure the speed, power, performance,
and reliability of our Services.
The Service Agreement, together with the Order Form, the Acceptable Use Policy (AUP),
and any other policies or agreements mentioned in this document, constitute the whole
act of convention between XLPages and the Customer.
RULES FOR ACTIVATION AND MONTHLY PAYMENT BASIS OF THE DEDICATED SERVER HOSTING SERVICE
Upon submitting of the online order form, the Customer agrees to abide by our Order Verification Policy and the following provisions:
The payment of the Dedicated server hosting service is set up on a monthly basis.
The Customer agrees to pay for the rendered Dedicated server hosting services in
advance for each monthly service term.
Non-Payment of the service shall result in a immediate service disconnection.
Customers failing to secure payment by the time of the due date will incur service
interruption. The data hosted on the Dedicated server will be kept for one month,
after that it will be permanently deleted.
Setup fees and monthly service fees are non-refundable. The Customer agrees to
a no-refund policy in advance.
SERVICE GUARANTEES; DATA BACKUP
XLPages guarantees 99.9% network uptime and server stability.
This, however, does not refer to problems stemming from:
Server Hardware Breakdown;
User error(s) or purposeful interruption(s) of the user service
(e.g. if the client shuts his/her own server down, XLPages
is not responsible for the downtime);
Failure due to software that is not explicitly supported by the
XLPages. If a hardware crash provoked by the Customer consequently
happens, XLPages is beyond the control and responsibility for
the resulting downtime.
For more information, please refer to our Service Level Guarantees.
Due to the specificity of the Dedicated server hosting service,
providing Customers with fully independent and self-managed hosting
environment, the DATA BAKCUP of all Customer's website contents and
databases is solely Customer's responsibility, as well.
A 50 GB FTP backup storage is available as a part of our Managed
Services Package. It is also available as a separate upgrade option.
SERVICE ACTIVATION AND CONTINUANCE TIMESCALES
For newly signed up clients - the Services are activated only after
our Sales Department gets in touch with the Customer over the phone
to verify the payment details (this is required due to the high fraud
activity spreading online, and in order to be prevented fraudulent
account usage). The payment verification procedure is obligatory and
if we fail to approve a transaction within 48 hours of the payment
submission, the funds will be credited back to the payer and the
order will be canceled.
For existing customers - the services for existing Customers, including
upgrade services and renewals, are activated immediately after our Sales
Department receives the according service payment.
Dedicated Server Accounts - The newly-created Dedicated server
hosting accounts with XLPages are valid for 1 month. They can be
renewed on a monthly basis, i.e. for another month that will be added
to the official expiration date of the Dedicated server account.
Domain Name Registrations/Transfers - XLPages offers for
registration/transfer all TLDs (Top-Level Domains) displayed in the table below.
A domain name can be purchased either at sign up together with the Dedicated
server hosting account (at a regular or PROMOTIONAL price) or separately
(later on) as an upgrade from the Customer's Dedicated management account.
The Customer agrees to abide by XLPages's Domain Name Registration
Agreement and Domain Name Dispute Resolution Policy. The table below displays
the minimum and maximum registration periods, as well as the annual NON-PROMOTIONAL
prices of all TLDs:
||min/max period of registration @ min period price
|.com||1-10 years @ $10.95 per year|
|.net||1-10 years @ $10.95 per year|
|.org||1-10 years @ $10.95 per year|
|.info||1-10 years @ $10.95 per year|
|.biz||1-10 years @ $10.95 per year|
|.us||1-10 years @ $10.00 per year|
|.uk||1-10 years @ $8.50 per year|
|.co.uk||1-10 years @ $8.50 per year|
|.ca||1-10 years @ $16.50 per year|
|.eu||1-10 years @ $9.00 per year|
|.com.au||2 years @ $29.00|
|.we.bs||1-10 years @ $4.50 per year|
|.co||1-5 years @ $28.00 per year|
|.co.za||1 years @ $25.00 per year|
|.ru||1 years @ $8.50 per year|
|.es||1-5 years @ $20.00 per year|
|.me||1-10 years @ $28.00 per year|
|.tv||1-10 years @ $30.00 per year|
|.pro||1-10 years @ $28.00 per year|
|.in||1-5 years @ $13.00 per year|
|.de||1 years @ $10.00 per year|
|.it||1 years @ $37.50 per year|
|.nl||1 years @ $19.00 per year|
|.fr||1 years @ $26.00 per year|
|.co.il||1-9 years @ $34.00 per year|
|.ch||1 years @ $15.00 per year|
|.se||1 years @ $42.00 per year|
|.co.nz||1 years @ $25.00 per year|
|.pl||1-3 years @ $28.00 per year|
|.jp||1 years @ $58.50 per year|
|.name||1-10 years @ $12.00 per year|
|.mobi||1-10 years @ $20.00 per year|
|.cc||1-10 years @ $23.00 per year|
|.ws||1-10 years @ $18.00 per year|
|.be||1 years @ $9.95 per year|
|.com.mx||1 years @ $51.00 per year|
|.org.uk||1-10 years @ $8.50 per year|
|.me.uk||1-10 years @ $8.50 per year|
|.net.au||2 years @ $29.00|
|.at||1 years @ $28.00 per year|
|.nu||2-10 years @ $60.00|
|.asia||1-10 years @ $16.50 per year|
|.net.nz||1 years @ $25.00 per year|
|.org.nz||1 years @ $25.00 per year|
|.cn||1-10 years @ $47.00 per year|
|.com.cn||1-10 years @ $47.00 per year|
|.net.cn||1-10 years @ $47.00 per year|
|.org.cn||1-10 years @ $47.00 per year|
|.tw||1-10 years @ $28.00 per year|
|.com.tw||1-10 years @ $28.00 per year|
|.org.tw||1-10 years @ $28.00 per year|
|.idv.tw||1-10 years @ $28.00 per year|
Domain Renewals - Domain names are valid for the period of their registration
(domain names can be registered for up to 10 years, depending on the domain name's
TLD extension). After the expiration of a domain name several stages follow regarding
The domain name Redemption Grace Period (RGP) is a registry level period of
up to 30 days after a domain name's expiration date. During this period the
domain name is kept on hold by the Registrar before it gets deleted. The domain
registrant is allowed to retrieve the domain name from deletion, but this
process costs additional redemption fee. This extra 30-day period extends
the time available for renewing domain names. However, all domains that
enter a redemption period are removed from the zone files (the list of domain
names currently in the global DNS), therefore any web site or e-mail services
associated with the domain name will stop working.
Extended Redemption Grace Period - the extended redemption period adds another
7 - 30 days to the domain name's redemption period. During this period the
domain name owner is allowed to retrieve the domain name from deletion by
contacting the domain's registrar.
After the redemption period of an expired domain name is over, follows the
Pending Delete Period - a registry level period of up to 5 days during which
no one is allowed to renew the domain name and it cannot be newly registered
because it's still not returned to the public pool of domain names.
Released by Registry Period - after the domain name's 'Pending Delete Period'
is over, the domain name is released back into the public pool of domain names
and is newly available for registration.
We strongly recommend that Customers renew their domain registrations before their
domain names are placed into redemption period. After a domain name transits in
redemption period, we are not able to prevent its zone files from being removed
from the DNS system, and any web site and associated services will cease working.
We can assist Customers in retrieving their domain names only if the domain names
were registered with us. Customers will be charged a REDEMPTION FEE of $270.00 USD
for each domain registration renewal. If the domain name was registered with another
registrar, the Customer needs to contact that registrar for more information
regarding its retrieving.
CANCELLATION, REFUND & MONEY-BACK; CHARGEBACKS
In order to cancel a Dedicated server account, the Customer must send a support
ticket to XLPages's Sales Department via his/her Dedicated management account
and provide any authentication credentials requested by XLPages. Any other form
of cancellation request will not be accepted.
Dedicated server hosting accounts - The Dedicated server accounts are set up
on a monthly prepay basis. Customers may cancel their accounts at any time,
however they will not be entitled to a refund for the unused period of the
prepaid month, since these services do NOT include Money Back Guarantee.
Any incentives offered to the Customers upon sign-up will be also canceled.
Domain Name Registrations/Transfers - Domain name registrations/transfers
are also treated as non-refundable services and cannot be canceled or refunded
after activated upon Customer request. The domain name owner will have access to
a domain management account, and will be able to transfer the domain name to
Chargebacks are not considered as a way of refunding. Any Customer who
initiates a credit card chargeback in response to a bill or order placed with
XLPages will be subject to full investigation.
When signing up for a Dedicated server hosting account with XLPages,
the Customer agrees to the terms and conditions explicated in this document
(and its coherent policies). Thus, XLPages, as well as XLPages's
authorized retailers (PayPal, WorldPay, 2CheckOut), will resort to these
documents as an evidence for the Customer's agreement, especially in the
event that a Customer sends a chargeback inquiry based on points that he/or
she first accepted, but is trying now to refute.
If/When a chargeback report is received, the first step of XLPages's
Customer Care team will be to try to contact the Customer. Meanwhile, the
Customer's Dedicated server account will be suspended (in order to protect
our system from fraudulent activity and misuse) and will remain suspended
until the reasons for the chargeback have been clarified and decision has
been taken for according action.
If the chargeback has occurred due to some misunderstanding, a reverse payment
procedure will be initiated with the authorized retailers and eventually the
Dedicated server account will be re-activated.
If the Customer has sent a chargeback request based on groundless argumentations
(according to XLPages's own judgment and these Dedicated Terms of Service),
then a dispute will be started with the authorized retailers in which the Dedicated
Terms of Service and the AUP of XLPages will serve as evidence of the
Customer's agreement. The retailers then, taking into consideration all provisions
in these legal documents, will decide whether the Customer has had sufficient
grounds for the chargeback or XLPages has the right to a reverse payment.
In case that the chargeback originates from a fraudulent user (end-client)
and no reverse payment procedure can be activated, then the respective Dedicated
server account will remain suspended and a $30 USD fee will be withdrawn from the
commission of the reseller (the client of our Free Reseller Hosting Program) whose
client's account (the end-client) has been the reason for the chargeback (in order
to be covered the fees imposed to XLPages from our authorized retailers for
the claimed unauthorized transaction).
HOSTING RESELLER TOOLS
A collection of free hosting reseller tools : a free billing software (ClientExec)
and a free domain reseller account is available with each Dedicated Server hosting package.
All bonuses are given per customer's request.
CUSTOMER RESPONSIBILITIES; ACCOUNT REGISTRATION AND MANAGEMENT
In consideration of their use of the Service, Customers agree to:
Provide true, accurate, current and complete information about themselves as
prompted by the registration form of the Service. Maintain and promptly update
their registration data to keep it true, accurate, current and complete. If the
Customer provides any information that is untrue, inaccurate, not current or
incomplete, or XLPages has reasonable grounds (at its sole discretion)
to suspect that such information is untrue, inaccurate, not current or incomplete,
XLPages has the right to suspend or terminate the Customer's account and
refuse any and all current or future use of the Service (or any portion thereof).
If untrue details are used in order to avoid VAT the customer can be held
responsible by the respective national tax collecting agency.
When introducing any changes to their contact details, Customers are obliged to
notify XLPages in the course of 10 business days after the changes become valid.
The introduction of changes should be done online through the customers' Dedicated
Management Account, not via e-mail.
Customers will receive a password and account designation upon completing of the
registration process of the Service. Customers are responsible for keeping the
confidentiality of their passwords and accounts, and are fully responsible for
all activities that occur under that password or account. Customers agree to:
XLPages cannot and will not be liable for any loss or damage of account
information arising from Customer's failure to comply with this provision.
immediately notify XLPages about any unauthorized use of their password or
account or any other breach of security;
ensure that they safely exit (log out from)
their account at the end of each session.
If a Dedicated server hosting account is registered with details different than those
of the person who paid for the account, and in the case of any dispute, XLPages
will take the side of the person who paid for the account and shall not provide access
to any other person, since - a hosting account owner is and will be considered to be the
credit card /PayPal account holder.
The client is obliged not to delete XLPages's SSH key, which provides root access
to the server. The root access will be used by XLPages in 2 cases only:
When there is a problem with the server and, as a result, certain services
do not run properly - XLPages may fix it as he sees fit.
When there is a report from a third party concerning some sort of abuse,
for example, spam, XLPages can identify the spammer and suspend him,
of which case the client who is in charge of the server will be duly informed.
The client, on the other hand, is obliged not to let problems of such kind happen
again, whether or not involving that particular abuser. If there are repeated
abuse reports - XLPages will charge the client $20 for each report,
because the latter is obviously unwilling to assist in terminating the abuse
actions on the given server.
The client is also obliged not to terminate the SNMP service activated by XLPages to keep track of the used IPs on the server. Upon a termination of the
SNMP service -XLPages will inform the client and the client will have to
reactivate the service in 48 hours. If the client does not cooperate - XLPages
can suspend the client's access to the server at his own discretion.
NO UNLAWFUL OR PROHIBITED USE
XLPages expressly bans the use of any Dedicated server hardware or
software for trying to illegally access another hosted machine or network.
Customers may not attempt to gain unauthorized access to any of XLPages's
Services, other accounts, computer systems or networks connected to any of XLPages's Services, through hacking, password mining or other means of close
nature. Customers may not obtain or attempt to obtain any materials or information
through any means not intentionally made available by XLPages's Services.
For more detailed information regarding all prohibited uses of our server network,
please closely review next chapter of these Terms and our AUP (Acceptable Use Policy).
If you still have inquiries over the matter, feel free to contact any of our
Customer Care representatives.
Server content MUST comply with the parameters stated in this TOS and our
Acceptable Use Policy. Web content requirements exclude the publication of
illegal content or content considered inappropriate otherwise. If any of XLPages's Services are used for the illegal purpose of SPAM or UCE, they will
be instantly terminated. Customers are solely responsible for the content of
their messages. Using XLPages's Services in connection with surveys, contests,
pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or
unsolicited messages (commercial or other) is prohibited. In this light, XLPages expressly forbids any breach of Federal, State or Local regulation,
including, but not limited to, the transmission of: copyrighted material,
material legally judged to be threatening or obscene, and material protected by
trade secrets. XLPages's Dedicated servers CANNOT be used for the propagation,
distribution, housing, processing, storing, or handling in any way of lewd, obscene,
adult or pornographic material, or any other material which is considered impermissible
by XLPages's Dedicated Terms of Service (this document) and the Acceptable
Use Policy (AUP).
As a condition for Customer use of XLPages's Services, you - the Customer,
agree that you will not use the Services for any purpose that is unlawful or
prohibited by these terms, conditions, and notices, and our Acceptable Use Policy
(AUP). XLPages's Dedicated servers can be used explicitly and only for legal
purposes, and each attempt for taking indecent advantage of the servers, inconsistent
with the rules, will be immediately counteracted. XLPages reserves the right at
any time to disclose any information, as XLPages deems necessary, to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse
to post or to remove from the Services any information or materials, in whole or in
part, in the sole discretion of XLPages.
E-COMMERCE CUSTOMER WEBSITES
When buying a Dedicated server for the purpose of creating an e-commerce online
store or related e-commerce activities website, the Customer agrees to be fully
responsible for the development, operation and maintenance of his/her web site/
online store and e-commerce activities within that website. The Customer is the
only one in charge of approving, processing and filling client orders and taking
care of client requests or complaints. The Customer is also the only one in charge
of the payment or satisfaction of any and all taxes related to his/her web site and
online store. The Customer bears the responsibility for ensuring the security and
confidentiality of any clients' data (including, without limitation, customer credit
card numbers) that he/she may receive in connection with his/her web site or online store.
Each Customer is in charge of all products and services, as well as all contents and
materials appearing online, including:
the accuracy and relevance of Customer Content, and content and material showcased
in the Customer store or on its products;
certainty that the Customer Content and content and materials appearing in the
Customer store or on its products do not violate or infringe upon the rights of any person;
certainty that the Customer Content and the content and materials appearing in
the Customer store or on its products are not calumnitous or somehow illegal.
Each Customer guarantees to XLPages that he/she owns the right to use the
Customer Content and its material, including all text, graphics, sound, music,
video, programming, scripts and applets. Each Customer warrants to XLPages
that the use, reproduction, propagation and transmission of the Customer Content
and any information and materials contained inside do not, and will not:
infringe or abuse any copyright, patent, trademark, trade secret or any other
proprietary right of a third party;
break any criminal law or manifest false advertising, unfair competition,
vilification, privacy intrusion; violate a right of publicity or violate
any other law or regulation.
Each Customer empowers XLPages to reproduce, copy, use and propagate all
and any part of the Customer Content for ensuring and operating the Services.
XLPages is granted the right to estimate, at its own discretion, the extent
to which these operations may be carried out.
REFUSAL OF SERVICE
XLPages will thoroughly scrutinize all received orders and decide,
to its own discretion, which of them do not comply with the officially stated
requirements for use of XLPages's Dedicated servers. XLPages reserves
the right to refuse Service to unlawful parties.
XLPages reserves the right to discontinue the Service provision
to any subscriber that XLPages deems, at its sole discretion, has
violated any condition of the Service explicated in this Terms of Service
and/or the Acceptable Use Policy.
Notices, including notices concerning breach of this Agreement will be sent
either to the e-mail address provided by the Customer at sign up, OR mailed by
first class mail to the postal address that the Customer has on file with XLPages. In both cases, delivery shall be deemed to have been made five (5) days
after the notice has been sent. Notices from the Customer to XLPages should
be sent to the address provided on XLPages's website.
XLPages guarantees highest level of Customer Care service round the clock.
If you feel dissatisfied with any aspect of the Service, feel free to make use
of our complaints procedure detailed below.
In order to file a complaint, please send us an email to firstname.lastname@example.org,
specifying the nature of the problem you are experiencing. Please, provide as many
details about your particular case as possible. The more we know about the situation,
the better, prompt and adequate our resolution will be.
Here are our steps of addressing every single complaint:
XLPages will confirm receipt of your complaint in writing, confirming
that the complaint will be addressed without delay. XLPages reserves the
right to refuse to investigate a complaint that is obviously frivolous, abusive
A XLPages's Customer Care representative will review your situation, look for
an appropriate solution and inform you of the timeframe within which a response
should be expected.
If XLPages's Customer Care representative can't resolve your complaint within
the pre-announced period, your complaint will be escalated to a Customer Care
If the Customer Care manager can't resolve your complaint, as well, it will be
forwarded to the Company Director, who will investigate the case to ensure that
all necessary measures have been taken and will respond in writing within two
working days, and reply with a solution within five working days.
An alternative complaint method is submitting a fax to the following number:
Any way of indecent treatment towards a XLPages's Customer Care employee will be
considered as totally inappropriate and unacceptable. Each Customer is expected to
communicate in an utterly polite and professional manner with XLPages's employees
regarding any request for help or consultation via e-mail, chat, phone or through our
Ticket Desk Support System. Each Customer is expected to avoid any form of emotional
outburst or inappropriate language, or any other attempt to be undermined the importance
of good ethics in communication and human relations. Any act of close nature, or other
type of offensive, abusive, disrespectful or condescending behavior - oral, written, or
delivered by a second party - to members of XLPages's Customer Care stuff will be
interpreted as a breach of this TOS. XLPages reserves the right to assess at its
sole discretion which behavior is to be considered as a violation of the hereby stated
rule and agreement, and to undertake according actions.
CUSTOMER CARE SERVICE
Due to the specificity of the Service, Customers are fully in charge
of the management and maintenance of their Dedicated servers. However,
if they need assistance or want to leave this task to our highly-qualified
administrators department, they can avail of our Fully Managed Support service available at a monthly fee of $30 USD. Additional software installation and
troubleshooting, which are not included in the Managed Support Package will cost $60 USD.
Pre-sale and general questions
Customers may use any of the support options listed below:
This Agreement shall be governed by and construed in accordance
with the laws of England.
Any controversy or claim arising out of or relating to this Agreement,
or any breach of this Agreement, in excess of $250.00 USD will be settled
in accordance with the commercial arbitration rules of the American Arbitration
Failure to enforce any of the provisions of this Agreement shall in no way be
considered to be a waiver of these provisions, or to affect in any way the validity
of this Agreement. If one or more of the provisions contained in this Agreement
are found to be invalid, illegal or unenforceable in any respect, the validity,
legality and enforceability of the remaining provisions shall remain in full force
The Customer agrees to indemnify XLPages, its management body and employees
(each an "Indemnified Party") against any losses, claims, damages, liabilities,
penalties, court actions, proceedings or judgments (collectively, "Losses") to
which the Indemnified Party may become subject, and out of which Losses arise or
relate to this Agreement or the Customer's use of the Services. The Customer
agrees to reimburse the Indemnified Party for all legal and other expenses,
including any attorney fees paid by the Indemnified Party in connection with
investigating, defending or settling any Loss whether or not in connection with
pending or threatened litigation in which the Indemnified Party is a party.
LIMITATION ON XLPages'S LIABILITY
Force Majeure Circumstances - XLPages shall not be liable for any failure
in the provision of the Services to the Customer resulting, directly or indirectly,
from any (i) weather conditions and natural disasters, (ii) actions of any
governmental or military authority, (iii) failure caused by telecommunications
or Internet provider, or (iv)other force or occurrence beyond its control.
Damages & Losses - XLPages shall not be liable for (i) any indirect,
incidental, special or consequential damages, OR for any loss of profits or loss
of revenues resulting from the use of XLPages's Services by the Customer or
any third parties, or (ii) any loss of data resulting from delays, non-deliveries
or service interruptions.
Service Provision - XLPages provides the Services on an -њAS IS-ќ basis, without
any warranties, including but not limited to, implied warranties, merchantability,
or fitness of the Services for any particular purpose. The Customer shall be solely
responsible for the selection, use and suitability of the Services, and XLPages
shall have no liability therefore.
Customers do not have the right to assign this Agreement without the explicit
permission of XLPages. This Agreement shall be in force and effect to the
total benefit of the Customer and XLPages and their successors and permitted
XLPages reserves the right to revise this document at any time,
without prior notice. Customers are encouraged therefore to periodically
review these Dedicated Terms of Service and the Acceptable Use Policy.