Terms of Service

Please read the terms below before purchasing a service from us. Anyone who purchases the service is deemed to have accepted these terms.

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The following terms of service ("TOS") will apply to the agreement to provide service between Xtream Server - WebKey Limited ("Company"), and the individual or business entity identified on the order form for said services ("Customer"). These terms, along with the Acceptable Use Policy ("AUP"), shall hereinafter be referred to as the "Agreement" between the two above mentioned parties.

1. INDEMNIFICATION POLICY

You agree to use all Xtream Server services and facilities at your own risk. Xtream Server specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Xtream Server be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Xtream Server harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Xtream Server, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by/to customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Xtream Server against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Xtream Server's server.
Xtream Server reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement, any defective products sold to customer from Xtream Server's server. Xtream Server shall be the sole judge of what violates this Policy.

2. BILLING:

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the server package.

There are no contract periods but for each successive period, your contract & service renewal invoice is generated automatically unless you submit a cancellation request.

We periodically send Payment Reminder Emails to all clients.
Invoice Unpaid Reminder: 5 days before the invoice due date.
First Overdue Reminder: 1 day after the invoice due date
Second Overdue Reminder: 2 days after the invoice due date
Third Overdue Reminder: 3 days after the invoice due date
However client must take of renewal dates themselves and renew their service on time. Sometimes, due to technical errors, this may be possible that the payment reminder email may not be delivered to client. So, it's the duty of the client to take note of renewal dates of all his service and renew them on time. If a client fails to renew the service and if his service gets terminated, we will not be held responsible for any data loss.

If a service is NOT paid within 3 days of due date, it will be terminated on 4th Day when daily cron job of server runs (generally 1 AM but may be different or changed).

2.1 FRAUD VERIFICATION IN SOME CASES:

In case, we detect some order as FRAUD or Suspicious, we may ask you to send payment manually to our PayPal Account with following conditions:
* Choose Postal Address : No Physical Delivery Required *
* WE ACCEPT VERIFIED PAYPAL ACCOUNTS ONLY *
Client details provided to us (including email) MUST match with PayPal account Holder.
Otherwise, Send us following Docs with your Order/Invoice Details to info[at]xtreamserver.com within 24 hours.

- A Valid ID Proof (Passport or License or National ID) of PayPal Account Holder
- Screenshot from your PayPal account showing full details of the transaction
- a photo of card involved in transaction (You can hide sensitive information like card expiry date, CVV etc.)

You can also submit a support ticket and attach your document with the ticket.
If you do NOT submit above documents within 24 hours, your order will be canceled & payment will be refunded.
We DO NOT STORE these documents and they are deleted immediately after your order verification.

2.2 LATE PAYMENTS AND LATE FEES:

All accounts are billed according to the dates they were first activated on.
We generate all invoices 10 days before the due date.
If you will not pay for service on your due date, your account will be suspended on the next day of your due date.
If you will not pay for service renewal in 3 days after your due date, system will assume that you're NOT interested in renewing your account and in that case, your account will be terminated on 4th Day.
All data will get deleted and the server space will be re-used for some another client. Client will be responsible for any data loss due to such suspension or termination as it is performed automatically by system if services are unpaid.

We charge 10% LATE FEES after 1 days of payment being overdue if the service is not terminated yet and if it's possible to renew it. If you account/order is terminated or cancelled, you will need to make a fresh order.

3. REFUND POLICY:

Read our Refund Policy Here: Refund Policy

4. ACCEPTABLE USAGE POLICY:

Read our Terms of Use Here: Terms of Use

5. Fair Usage Policy:

All of Our Services with unmetered/unlimited bandwidth are subject to this fair usage policy.

5.1 DATA USAGE

Unmetered Bandwidth does not mean infinite data usage.
1Gbps unmetered FUP = unmetered bandwidth on 1Gbps port for fair usage. Any streaming/cdn/high port uplink using applications are NOT allowed. If your monthly bandwidth cross 100TB or 300 mbps on 95 percentile method, we may limit port speed to 100mbps till reset of billing cycle unless you opt for paid upgrade (1Gbps True Unmetered 24x7 = +29 Euros/m extra)
In some cases, if we feel bandwidth usage is high, we can upgrade Bandwidth option from 1Gbps unmetered FUP (No Streaming) to 1Gbps True Unmetered 24x7 (streaming allowed). In such cases, client will have to pay the fees for upgrade for current month and will have to renew at new pricing. Since all of our services operate under shared environment, therefore clients are expected to use a fair share amount of bandwidth and don't overload server resources.

We regularly monitor bandwidth usage pattern of clients and any abusive usage of bandwidth will result in immediate suspension of services. If we classify your usage as abuse, your services may be immediately suspended and you may be denied to provide any more services in the future.
No Refunds will be applicable in such cases of Breach of FUP.
We strictly do NOT allow Video/Audio streaming or any such high bandwidth usage applications with 1Gbps unmetered FUP (No Streaming). You have to buy server with 1Gbps True Unmetered 24x7 (streaming allowed) option for such high bandwidth usage applications.

5.2 PORT/UPLINK USAGE

All VPS host nodes have a dedicated uplink shared among multiple clients generally between 4-5. Therefore, you can NOT expect all the speeds of uplink/port for yourself all the time.

5.3 FAIR USAGE OF SERVICES

All users will properly use the assigned resources in a fair manner without interfering other users in the same environment, otherwise, Xtream Server has every right to regain control of the abused resource from users without prior notice. Xtream Server will NOT be liable nor responsible for any customer/user loss out of this arrangement, and there will NOT be any refund of customer paid fee.

Users of all services agree NOT to interfere with other users in an unfair or malicious manner such that other users are not able to receive due level of services. In all services, the word "unlimited" refers to an "unmetered" usage, and subject to this Fair Usage Policy. Xtream Server reserves the right to impose restrictions of various sorts to ensure a fair usage amongst the user community without prior notice, to existing and new users, and upon repeated warnings, suspend and/or terminate offending users.

6. SERVICE SUSPENSION AND REACTIVATION

Any client abusing server resources or violating ToS/AUP will be suspended immediately and will be charged between $2 to $25 Service Re-activation Fees depending on type of abuse and previous number of suspensions for that client. All such accounts will be re-activated only after receival of Service Reactivation charges. We reserve the right to deny any request for re-activation after/before payment of service reactivation charges to maintain server stability. We reserve the right to terminate a client's account without his prior permission or without contacting him for any reason including but not limited to any kind of server abuse, multiple suspension of client's account due to breach of ToS/AUP etc.

7. ABUSE PREVENTION POLICY

Xtream Server, may at its discretion, suspend or terminate service of any client that is abusive/harassing to our employees. Examples of such activity include, but are not limited to;
- Verbal abuse including but not limited to cursing, yelling, threatening, etc.
- Ongoing disregard for warnings or notices
- Consistent mistakes/errors/changes causing unnecessary workload
- Spamming our email addresses, ticket systems, or servers continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
- Consistent late payments or responses
- Issuing a chargeback or bouncing a payment continuous activation of problematic end-users
- Activity which affects the service(s) of other clients
- Open disputes with payment gateways/banks without having a full discussion with our Billing/Support team
- Cancelling your current account and re-ordering new account just to get new PROMO Discount/Plan

7.1 DMCA / Copyright / Report Abuse Policy

- We do not entertain any DMCA notices or complaints as DMCA is not our law.
- If any party have dispute over copyrighted content hosted on our infrastructure, they can send us copyright infringement complaint as per applicable laws of Netherlands However, we can not work as a arbitrator in such case of dispute, hence can not take down the disputed content. We can only forward the complaint to the client. To take down any content or website or part of our infrastructure, we need an order of a court of law or concerned legal authorities.
- To report any kind of abuse, use our webform located HERE. We will forward complaint to concerned client.

8. BACKUPS and DATA LOSS

Your use of this service is at your sole risk. We don't provide any kind of backups system/service. You must take your own backup manually by yourselves. We are not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. We are NOT responsible for any kind of Data Loss caused due to any reason.

9. PRICE CHANGE

The amount you pay for your service will not increase from the date of purchase in the current billing cycle, however prices may be increased from next billing cycle. We reserve the right to change prices listed on our websites, and the right to increase/decrease the amount of resources given to plans at any time.

10. Changes to the TOS

We reserve the right to revise its policies at any time without notice.

11. LIMITATION OF LIABILITY:

Xtream Server shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Xtream Server servers going off-line or being unavailable for any reason whatsoever. Furthermore, Xtream Server 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 Xtream Server servers. All damages shall be limited to the immediate termination of service.

12. DISCLAIMER:

Xtream Server cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Xtream Server are resold. Thus, certain equipment, routing, software, and programming used by Xtream Server are not directly owned or written by Xtream Server. Moreover, Xtream Server holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Xtream Server sees fit. FURTHERMORE, Xtream Server retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

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Xtream Server
www.xtreamserver.com