This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.

1. WEB SITE USAGE

1.1. These terms and conditions apply to the use of the Web site of xmanhosting at http://www.xmanhosting.com.au (Service). In using this Service, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Service.

1.2 xmanhosting does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Service, nor does xmanhosting accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Service.

1.3 xmanhosting disclaims all express and implied warranties with regard to the information services and materials contained on this site, includeing, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights.

1.4 In no event, shall xmanhosting be liable for any direct, indirect, incidental, special, consequential or punitive damages whatsoever, resulting from the use or inability to use the Service, even if advised of the possibility of such damages. If the Trade Practices Act 1974 applies to the supply of the Service, xmanhosting expressly limits its liability to (at its option) the provision of a replacement Service or the repayment or crediting to you of any fees paid for access to the Service.

1.5 Copyright of all literary and artistic works comprised in the Service is owned or licensed by xmanhosting. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968, you may not in any form or by means:

• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works form any part of this Service; or
• commercialise any information, products or services obtained from any part of this Service;
  without xmanhosting's written permission.

1.6 Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a trade mark or registered trade mark respectively.
If you use any of xmanhosting's trade marks in reference to its activities, products or services, you must include a statement attributing the trade mark to xmanhosting. You must not use any of xmanhosting's trade marks:

• in or as the whole or part of your own trade marks;
  in connection with activities, products or services which are not xmanhosting's;
  in a manner which may be confusing, misleading or deceptive;
  in a manner that disparages xmanhosting or its information, products or services (including this Web site)

1.7 The Service may contain links to external Web sites. Those links are provided for convenience only and may not remain current or be maintained. xmanhosting is not responsible for the content or privacy practices associated with linked Web sites. Any links to linked Web sites should not be construed as an endorsement, approval, recommendation, or preference by xmanhosting of the owners or operators of those linked Web sites.

1.8 No data transmission over the Internet can be guaranteed as totally secure. Whilst xmanhosting strives to protect such information, it does not warrant and cannot ensure the security of any information which is transmitted. Accordingly, any information which you transmit is transmitted at your own risk, and any information which xmanhosting transmits is transmitted without warranty as to its security. Nevertheless, xmanhosting will take resonable steps to preserve the security of information sent or received using the Service to the extent that such security is within its control.

1.9 xmanhosting collects, stores and uses data collected from you in accordance with its Privacy Policy.

2. WEB AND EMAIL HOSTING

2.1 xmanhosting reserves the right to review and limit bandwidth on any hosting account package or domain exceeding reasonable monthly usage or usage over and above the specified maximum package limits in accordance with the current price list published on the web site. Customers exceeding the allotted usage monitored by xmanhosting will be given the option to upgrade their account, or will be given notice of suspension of service. A single notification will be made by E-mail. Failure to respond to the E-mail notification will constitute an agreement to upgrade the account to the next web hosting package.

2.2 The advertised bandwidth for each specific hosting package represents the maximum data transfer allowable per month. xmanhosting reserves the right to modify this bandwidth amount for any particular account at any time in accordance with the bandwidth used for that account. As the Customer’s bandwidth increases, xmanhosting will increase the allowable bandwidth up to, but not over the listed amount shown on the xmanhosting home page.

2.3 xmanhosting mail services are available for hosted customers only. Unauthorized use of the mail services is prohibited.

2.4 Offering FREE Email accounts to site visitors is strictly prohibited and can lead to suspension or termination of hosting contract.

2.5 Web based e-mail is provided by xmanhosting for their hosted customers only. This service is not intended to be used as a secure repository for customer e-mail. Customers store their e-mail on xmanhosting servers at their own risk. POP Mail services are not to be used to transfer system backups or disk images.

2.6 xmanhosting performs backups of client content weekly on Linux shared servers. xmanhosting makes every effort to insure that these backups are valid. xmanhosting assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted at xmanhosting .

2.7 xmanhosting assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent backup tapes.

2.8 Access to client content is provided to all customers at any time. It is the sole responsibility of the account owner to insure that they maintain their own backup copy of any materials placed on xmanhosting servers, or of any database maintained on any server operated by xmanhosting in the event xmanhosting is unable to restore customer content from tape backup.

2.9 AT NO TIME SHALL XMANHOSTING ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.

3. DOMAINS

3.1 The Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to, all costs and fees for moving same. The Customer shall make payment directly to the issuer. Under no circumstances shall xmanhosting be responsible for this cost.
The Client shall pay ANY AND ALL transfer FEES on Domains that are transferred as FREE domains on selected hosting plans. xmanhosting shall ONLY pay for the renewal on the domain and this DOES NOT include ANY AND ALL transfer fees.

3.2 The Customer shall be responsible for maintaining the correct contact email address for their domain with xmanhosting. The Customer takes full responsibility for their domain name expiring if they do not receive the renewal email notice when their domain is up for renewal due to xmanhosting having the incorrect contact email address or due to the Customer’s current spam/junk email set up.

3.3 All Customers acknowledge that Domain Registration and Renewal Fees are Not Refundable.

3.4 xmanhosting makes no representations and cannot guarantee that the Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold xmanhosting liable for any damages, injuries or losses incurred by the Customer as a result of any action instituted by a third party.

4. SHOPPING CARTS

4.1 xmanhosting is not required to deliver a hard copy of any software. xmanhosting provides a login username and password to the admin area of the customer’s shopping cart once the shopping cart has been customised by xmanhosting.

4.2 The Customer acknowledges and agrees that it shall be responsible for all goods and services offered at the Customer's Store, all materials used or displayed at the Store, and all acts or omissions that occur at the Store or in connection with the Customer's account or password. Certain Stores may be subject to additional requirements.

4.3 The Customer agrees to display in the Store the Customer's contact information, including but not limited to Customer's company name, address, telephone number, fax number and e-mail address. The Customer also agrees to update such information to keep it true, accurate, current and complete. Xmanhosting will not be held responsible for incorrect billing information issued due to the Customers inaccurate information supplied to Xmanhosting.

4.4 The Customer represents and warrants that it has full power and authority under all relevant laws and regulations:

• (a)to offer and sell the goods and services offered at the Store, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered at the Store;
• (b) The Customer represents and warrants that it will accurately describe all goods and services it is proposing to sell in it's Store.
• (c) To provide for credit card payment or any other offered payment method and delivery of goods or services as specified at the Store.

4.5 The Customer represents and warrants that it will not engage in any activities:

• (a) that constitute or encourage a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export controls or obscenity laws;
• (b) that defame, impersonate or invade the privacy of any third party or entity;
• (c) that infringe the rights of any third party, including but not limited to the intellectual property, business, contractual, or fiduciary rights of others; and,
• (d) that are in any way connected with the transmission of "junk mail", "spam" or the unsolicited mass distribution of e-mail, or with any unethical marketing practices. If the Customer is found to be connected in the transmission of "spam" and/or "junk mail" using Xmanhosting's email accounts and mail server, Xmanhosting will take legal action against the Customer and heavy fines will be applied.
• (e) Due to Xmanhosting's restrictions on the content of material displayed, the Customer agrees not to display any form of adult material (pornography).

4.6 Xmanhosting hereby grants Customer a non-exclusive, non-transferable licence to use the Software in object code form only on a server controlled by Xmanhosting for the sole purpose of creating and maintaining Stores on such server. Customer is not being granted any right to copy the Software or to use it on computers other than a server controlled by Xmanhosting. Customer may not use Web pages or parts of Web pages generated by means of the Software, other than content that originates from and is proprietary to the Customer, on any server other than the servers controlled by Xmanhosting without Xmanhosting's express written agreement. The Customer also acknowledges and agrees that the Software is intended for access and use by means of web browsing software, and that Xmanhosting does not commit to support any particular browsing platform. Xmanhosting reserves the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to the Customer. If any revision or modification to the Software materially changes Customer's ability to conduct business, Customer's sole remedy is to elect to not renew the Xmanhosting account.

4.7 The Customer acknowledges and agrees that content available from Xmanhosting or the Service, including but not limited to text, software, music, sound, logos, trade marks, service marks, photographs, graphics, or video, is protected by copyright, trade mark, patent, or other proprietary rights and laws, and may not be used in any manner other than on the same restricted basis as specified for in Section 3 above and for the purposes of this Agreement.

4.8 Customer can obtain assistance with any technical difficulty that may arise in connection with Customer's utilisation of the Software or Shopping Cart Services by requesting assistance by email via our contact us page . Xmanhosting reserves the right to establish limitations on the extent of such support, and the hours at which it is available. Xmanhosting reserves the right to charge an hourly fee for support that relates to the modification or improvement of the shopping cart when requested by the Customer. Xmanhosting will inform the Customer of the cost to the Customer before any work is undertaken.

4.9 Customer is responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the Software and Shopping CartServices and Customer shall be responsible for all charges related thereto.

4.10 Xmanhosting makes all attempt to keep software up to date with all integrations, however, as external companies can make changes at any time, Xmanhosting will not be held responsible for updating integrations in a timely manner although all attempts will be made to shedule upgrades at earliest convenience.

4.11 Customer understands that in hiring xmanhosting to design an e-commerce system that they are are bound to all set up fees and yearly fees stated in the signup form. If the Customer decides not to go through with their e-commerce system, they are still required to fulfill full payment to xmanhosting, in regards to the set up fees and the yearly fees (for a minimum of 3 years).

5. SEARCH ENGINE OPTIMISATION

5.1 Whilst we will try to improve the position of your Web Site in the Search Engine results in response to a search request, we do not warrant that this effort is in any way guaranteed

5.2 We cannot be held responsible for any changes to the position of your Web Site in the Search Engines results in response to a search request.

6. ON-LINE BACKUP AND STORAGE

6.1 All softwares provided by xmanhosting is on an "as is" basis with no warranties of any kind and xmanhosting will not be liable for any damages of any kind arising from the use. xmanhosting further disclaims all warranties, express and implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose.

6.2 xmanhosting grants you a non-exclusive, non-transferable, royalty-free, limited license to use the binary form of the software provided by xmanhosting for personal use only. Redistribution of programs owned by xmanhosting, unless explicitly granted by xmanhosting, is strictly prohibited.

6.3 All content included on this site, including text, graphics, logos, button icons, images and software, is the property of xmanhosting or its content suppliers and is protected by international copyright laws. All program used on this site is the property of xmanhosting or its software suppliers and protected by international copyright laws. Any attempt of reverse engineering, disassembly, or decompilation of programs, unless it is explicitly permitted, is prohibited by law.

6.4 xmanhosting may send notices to you via either email or regular mail. xmanhosting may also provide notices of changes to the terms or other matters by displaying notices or links to notices to you generally on the services provided by xmanhosting.

6.5 The integrity of this system relies on proper use of email as message passing media. The use of the email system, directly or indirect as a spamming tool, or other than it is intended, is prohibited.

6.6 xmanhosting, does not intend to monitor the information that is used by our service, however, if xmanhosting finds that its services(or any part thereof) are being used in an unlawful manner, the account will be suspsended/terminated/removed without notice.

6.7 xmanhosting reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice.

6.8 You are expected not to use the services provided by xmanhosting for any unlawful activities not otherwise covered above, including but not limited to, attempting to compromise the security of any networked account, a site or a country. Appropriate legal procedures will be pursued when xmanhosting is aware of any of these activities 

6.9 xmanhosting shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of backup data, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if xmanhosting or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. 

6.10 Users are the ones who have the knowledge of their encrypting keys. They have the sole responsibility to make sure their encrypting keys are kept in a safe and secure place. xmanhosting shall not be liable for any damages (including damages for not able to restore backup data or the disclosure of confidential information) resulting from loss/corruption/compromise of this key. 

7. UNACCEPTABLE USE OF XMANHOSTING SERVERS

The following outlines unacceptable or inappropriate use of xmanhosting servers, which xmanhosting would therefore reserve the right to terminate the Customer’s account with xmanhosting.

7.1 Unacceptable uses include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, illegal content, pornographic content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by xmanhosting to be unacceptable use of xmanhosting services including abuse of server resources.
Additionally, IRC (or Related Software), PsyBNC, EggDrop, BitchX, or Any Related Application May Not Be Used or Stored (Compressed or Otherwise) on Any of xmanhosting servers.
Adult Content, Gambling Sites and sites Selling or Advertising Targeted/Untargeted Traffic are NOT Allowed.

7.2 Sites with Banners, Graphics or CGI Scripts running from their domain used on other domains (example is a site running a Banner Exchange). High Yield Income Programs (HYIP) Sites, Web Sites offering downloadable files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3, Windows Media).

7.3 Sites using more than 10% of system resources for longer than 15 seconds.

7.4 Web Space provided on xmanhosting servers is NOT to be used for any kind of backups.

7.5 Adult-oriented sites are NOT allowed. This includes sites that are associated with bestiality or child pornography, sites which promote hate against any group. Sites of such nature will be removed immediately and will not be refunded. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

7.6 XMANHOSTING STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY MASS E-MAIL OR SPAM . IF ANY DOMAIN HOSTED BY XMANHOSTING , PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ALL ACCESS TO XMANHOSTING SERVICES WILL BE TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. XMANHOSTING DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON XMANHOSTING SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN'S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES.

7.7 MAILING LISTS HOSTED ON XMANHOSTING SERVERS ARE NOT TO BE USED TO DEVELOP BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY XMANHOSTING IS MONITORED CONTINUOUSLY AND NEW SECURITY FEATURES AND MONITORING TECHNIQUES ARE BEING INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OF OUR SMTP SERVERS.

7.8 ONLY HOSTING ACCOUNTS THAT INCLUDE MAILING LISTS AS PART OF THE PACKAGE WILL BE ALLOWED TO OPERATE THEM.

7.9 All Content Stored on xmanhosting Servers Must Be Legal In Australia.

8. TERMINATION

8.1 Either party may terminate this Agreement without cause upon written notice to the other party. Nothing in this paragraph however shall limit xmanhosting’s right to terminate the Customer immediately and without prior notice for improper use and violations as set forth herein.

8.2 Termination of any domain or account will not be processed without the required procedure. Any person wishing to terminate their account or any domain within their account must login to the “contact” area and submit a cancel request for that domain via the contact form. Terminations will not be accepted without completing the termination step mentioned above. No exceptions will be made. The termination procedure is required for your protection as well as ours. The procedure provides evidence that the individual terminating the account is authorized to do so. Once this request is received, and information verified; the user’s data will be erased off the server.

8.3 In the event that xmanhosting elects to terminate the Customer as a result of its improper acts and breach of the terms and conditions contained herein, the Customer shall not be entitled to a refund of the balance.

8.4 In the event the Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund, unless termination occurs within the first 30 days of a Web or Email Hosting Package.

8.5 In the event that xmanhosting elects to terminate the Customer without cause, the Customer shall receive a full refund of any pro-rated balance of a Web Hosting Package. However, if the Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance, unless termination occurs within the first 30 days of a Web or Email Hosting Package.

8.6 xmanhosting reserves the right to terminate any customer without prior notice and without assigning any reason.

8.7 All Customers acknowledge that Domain Registration and Renewal Fees are Not Refundable.

9. LIABILITY

9.1 The Customer agrees that xmanhosting shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.

9.2 The Customer further agrees that xmanhosting shall not be liable for any damages or losses sustained by the Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.

9.3 The Customer agrees that it shall not hold xmanhosting liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.

9.4 xmanhosting is not liable for the customer’s site content backups on their shared hosting platforms. xmanhosting has made every reasonable attempt to protect the security and integrity of the customer's web sites but offers no warranty as to the ability to restore site content in the event of a server failure.

9.5 IN NO EVENT SHALL XMANHOSTING LIABILITY EXCEED THE TOTAL VALUE PAID TO XMANHOSTING BY THE CUSTOMER.

10. SECURITY

10.1 The Customer understands that the Internet and other various networking communications are not totally secure.

10.2 All credit card details that are taken through the xmanhosting website, are handled by a secure third party – either Eway (eway.com.au) or 2Checkout (2checkout.com), which provide industry leading SSL protection.

11. APPLICABLE LAWS

11.1 The Customer will ensure that its use of the Internet and any service provided by xmanhosting to it complies with all applicable national, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography. In the event that the Customer violates this provision, xmanhosting shall have the right to consider same a breach of this Agreement by the customer which shall entitle xmanhosting to terminate the Customer immediately without prior notice.

11.2 It shall be within the sole discretion of xmanhosting to deem material as inappropriate.

11.3 xmanhosting reserves the right to refuse to install and/or accept any hosting account without assigning any reason.

12. INTEGRITY OF INFORMATION

12.1 The Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.

13. ACCOUNT SECURITY

13.1 The Customer shall be solely responsible for protecting the security of its account and usage. The Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. xmanhosting shall not be liable for any breach of security caused by the Customer or third parties.

13.2 IN NO EVENT SHALL XMANHOSTING LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN XMANHOSTING AND THE CUSTOMER.

13.3 xmanhosting will use its best efforts to maintain the integrity and security of the Customer's password.

14. ACCOUNT OWNERSHIP

14.1 The billing contact, as registered with xmanhosting, is considered to be the account owner. xmanhosting will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner.

15. LEGAL ACTION

15.1 Customer agrees to indemnify and hold xmanhosting harmless in any legal action which arises as a result of the Customer's use of xmanhosting services, without limitation or exception including, but not limited to any action brought against the Customer by a third party.

16. CHANGES TO THIS POLICY

16.1 WE RESERVE THE RIGHT TO CHANGE THIS POLICY AT ANY TIME BY POSTING CHANGES ON-LINE. YOUR CONTINUED USE OF THE XMANHOSTING RESOURCES AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS POLICY AS MODIFIED BY THE POSTED CHANGES.

17. ENTIRE AGREEMENT

17.1 This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.

17.2 Failure to properly notify xmanhosting via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute the Customer's acceptance of same.

18. RENEWAL

18.1 The Customer's failure to properly notify xmanhosting of its objections to any of the terms and conditions set forth herein shall constitute the Customer's acceptance of same.

18.2 This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.

18.3 In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect in this document.

18.4 We guarantee price freeze for the length of a contract. However, renewals may be subject to new prices.