Terms of Service

Terms of Service

Last Modified 21 December 2012 06:03 UTC

"We", "us", "our" and grammatical variants refers to Xenon Servers.

"You", "customer", "client" and grammatical variants refers to the person or persons or party responsible for payment and/or managing the services purchased or received.

By purchasing, receiving or utilizing services provided by Xenon Servers, you accept and agree to be bound by these terms and conditions. Failure to accept these terms and conditions will result in immediate termination of service without refund. Failure to follow these terms and conditions could result in termination of service without refund.

Updates to the Terms of Service
Xenon Servers reserves the right to modify these Terms of Service at any time. You will not be notified of modifications. You are encouraged to check for updates or modifictions on a regular basis.

The Xenon Servers Web Site (the "Site") is an online service provided by Xenon Servers, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. XENON SERVERS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Xenon Servers, its affiliates or other third party licensors. Other product and company names mentioned in the Site may be the trademarks of their respective owners. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by Xenon Servers, Xenon Servers does not operate, control or endorse any information, products or services on the Internet in any way. Except for Xenon Servers-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Xenon Servers.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. XENON SERVERS PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND XENON SERVERS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. XENON SERVERS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

LIMITATION OF LIABILITY
IN NO EVENT WILL XENON SERVERS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF XENON SERVERS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, XENON SERVERS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Xenon Servers makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Xenon Servers web site (a web site Uniform Resource Locator other than www.xenonservers.com), please understand that it is independent from Xenon Servers, and that Xenon Servers has no expressed control over the content on that web site. In addition, a link to a Xenon Servers web site does not mean that Xenon Servers endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless Xenon Servers, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Xenon Servers and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), 6 (Miscellaneous) and the Service Agreement shall survive any termination of this Agreement.

6.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Xenon Servers and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Xenon Servers failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Xenon Servers may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

Refunds
Xenon Servers does not provide refunds, but can choose to an exception basis entirely at the discretion of Xenon Servers. It is not the responsibility of Xenon Servers to cancel your PayPal subscription(s) when your service(s) are canceled. If you do not cancel your PayPal subscription(s) upon canceling your service(s), any payment received will not be refunded.

Billing
All information provided by you when registering must be correct. You cancel services that you have with us from http://www.xenonservers.com/clients/clientarea.php. It is not the responsibility of Xenon Servers to cancel your PayPal subscription(s) when your service(s) are canceled. If you do not cancel your PayPal subscription(s) upon canceling your service(s), any payment received will not be refunded.

FTP and Data Storage Usage
We reserve the right to limit or revoke FTP access at any time, with or without reason. FTP access is only to be used to send and receive data directly relating to your service(s). We reserve the right to remove data that does not meet this criteria. We will notify you if such events occur. If the same data or similar data is re-uploaded, we reserve the right to suspend or terminate your service.

Server Resource Usage
It is solely at Xenon Servers discretion to determine what amount of resource usage is not acceptable. Resource usage includes, but is not limited to; processor (CPU) usage, memory (RAM) usage, network (Bandwidth) usage, hard disk space usage. If your service is found to be using a non acceptable level of resources, we will work with you to resolve the issue(s). Xenon Servers reserves the right to suspend or terminate your service if the problem can not be resolved.

Downtime
Xenon Servers reserves the right to have our physical servers down for scheduled maintenance 6 hours a month. Xenon Servers reserves the right to have our physical servers down for unscheduled maintenance 48 hours a month. In the event of significant data loss or hardware failure, Xenon Servers reserves the right to have our physical servers down for up to 96 hours in the period of a month. Significant data loss refers to loss of data that would render our server(s) and/or services unable to properly function in the way that they should. Xenon Servers is not responsible for your individual service(s) downtime, but will work with you through the support system on our web site to resolve the problem. We reserve the right to discontinue support for that particular problem if we are unable to resolve it.

Use of Service
Use of service(s) provided by Xenon Servers to transmit or generate content deemed illicit in the United States of America could result in your services being terminated without refund.

Support
Xenon Servers does not provide support for any type of computer or programming code. Xenon Servers cannot be held responsible for any damage, temporary or permanent, caused to your server(s) due to the additions of 3rd party software. Xenon Servers reserves the right to discontinue support service to any persons that cannot maintain civilized communication with support staff, which includes but is not limited to: Foul language, rudeness, threats or demands.

Data Loss
Xenon Servers does not maintain backups of your data and cannot be held responsible for any data loss that may occur. We recommend that you maintain your own local backups of files hosted on our servers.

DDoS Protection Addon
DDoS Protection is available for some of our game server services. This protection is provided on a as-possible basis and excessive attacks may result in the null-routing of your service's IP address for up to twenty-four hours. Xenon Servers will diligently attempt to block all attacks; however we cannot realistically guarantee that all attack traffic will be blocked, nor that your IP address will not need to be null-routed.