This is an agreement between SiteMakerXL.com, a Brand of Zonat S.A. and you, a subscriber to our Hosting and Internet Services. Zonat S.A. is a registered company in Luxembourg.
Identification number: 2003 2230 408
RCS number: B98480
VAT number: LU24837666
Our registered office is located at: 11, rue de Bitbourg L-1273 Luxembourg. In this Agreement “You” and “Your” refer to you or any agent, employee, servant or person authorized to act on your behalf. “We”, “Us” and “Our” refer to SiteMakerXL.com as well as its subsidiaries and sister companies (collectively, Zonat S.A.). This Agreement explains our obligations to you, and explains your obligations to us for various services offered by SiteMakerXL.com. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional SiteMakerXL.com service(s) or products or to cancel your SiteMakerXL.com services (even if we were not notified of such authorization), this Agreement covers such service or actions.
You agree that SiteMakerXL.com may modify this Agreement and the services it offers to You from time to time. You agree to be bound by any changes SiteMakerXL.com may reasonably make to this Agreement when such changes are made. If You have purchased services or products from SiteMakerXL.com, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the products or services.
You agree to maintain accurate information by providing updates to SiteMakerXL.com, as needed, while You are using SiteMakerXL.com’s products and services. You agree You will notify SiteMakerXL.com within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by SiteMakerXL.com to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if SiteMakerXL.com has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, SiteMakerXL.com has the absolute right, in its sole discretion, to terminate its Services and close Your account.
SiteMakerXL.com will host an account for You corresponding with the purchased, leased or provided domain name(s) and for the period of time corresponding with the payment plan chosen by You. The contract will automatically renew at the end of The Term unless otherwise specified by You. Once the account cancellation request is received and we process the request as per the account holders consent, the agreement between You and SiteMakerXL.com is officially terminated. We reserve the right to remove the account from the web server at any time thereafter. SiteMakerXL.com will NOT host the site for any time period left once the cancellation request has been received and processed. It is Your responsibility to make sure that You and Your respective clients have access to all their files and relevant data before initiating the cancellation request. SiteMakerXL.com shall not be responsible for any loss of data once the account recurring billing has been cancelled.
The web hosting and reseller hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of SiteMakerXL.com is to provide space to serve web documents, not as an off- site storage area for electronic files and is governed by our Disk Usage Provision, set out in Section 10 of the Acceptable Use Policy. Violations of these or any other provisions of this Agreement may result in termination of the services provided by SiteMakerXL.com, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of SiteMakerXL.com based upon the severity of the violation. SiteMakerXL.com reserves the right to refuse service if any of the content within, or any links from, the Account Holder’s website is deemed illegal, misleading, or obscene, or is otherwise in breach of SiteMakerXL.com’s then current Acceptable Use Policy, in the sole and absolute opinion of SiteMakerXL.com.
You acknowledge that the nature of the service furnished and the rates and charges have been communicated to You. You are aware that SiteMakerXL.com reserves the right to change the specified rates and charges from time to time.
You agree to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. You are responsible for security of your password. SiteMakerXL.com will not change passwords to any account without proof of identification, which is satisfactory to SiteMakerXL.com, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that SiteMakerXL.com will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will SiteMakerXL.com be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless SiteMakerXL.com from any and all claims arising from such ownership disputes.
You agree not to harm SiteMakerXL.com, its reputation, computer systems, programming and/or other persons using SiteMakerXL.com services. SiteMakerXL.com reserves the right to select the server for Account Holder’s website for best performance. You understand that the services provided by SiteMakerXL.com are provided on a shared server. In order to keep our servers running at optimal levels, any sites running a process that requires more than 8MB of memory, more than 30 CPU seconds, or uses more than 10% of all available system resources at any time will be required to move up to an Intense Hosting or dedicated solution, or to be hosted elsewhere. This upgrade may result in an automatic upgrade to a higher-level pricing plan corresponding with the elevated use requirements. Alternatively, SiteMakerXL.com reserves the right to suspend services on that specific account until the higher usage may be accommodated. A failure by You to agree to and comply with the terms of this provision may result in the termination of the services provided to You without any refunds of the unused prepaid portion of the fees.
If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. SiteMakerXL.com has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current SiteMakerXL.com policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all domain transfers, renewal and orders. In the event that an error occurs the account holder must notify SiteMakerXL.com immediately of the error. In no event shall SiteMakerXL.com be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.
Domain names are registered under clients’ names and are managed by SiteMakerXL.com on Your behalf. Privacy protection can be enabled for .com/.net/.org/.info/.biz domain extensions upon your request for an additional fee. At any time you will have the option of taking full control over the domain name.
As consideration for the products and/or services purchased by You and provided to You by SiteMakerXL.com, You agree to pay SiteMakerXL.com at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your services are suspended, terminated, or transferred prior to the end of the term of service. SiteMakerXL.com expressly reserves the right to modify pricing through email notification and/or notice on its website. You may receive a full refund within the initial 30 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to domain registration/transfer related fees.
The services offered by SiteMakerXL.com are being provided on an “AS IS” and SiteMakerXL.com expressly disclaims any and all warranties, whether expressed or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, SiteMakerXL.com expressly does not warrant that the SiteMakerXL.com products and/or services will meet Your requirements, function as intended, or that the use of the provided services will be uninterrupted or error free. In no event shall SiteMakerXL.com be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the services, even if SiteMakerXL.com is aware of or has been advised of the possibility of such damages.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assignees, hereby fully release, remise, and forever discharge SiteMakerXL.com and all affiliates of SiteMakerXL.com, and all officers, agents, employees, and representatives of SiteMakerXL.com, and all of their heirs, personal representatives, predecessors, successors and assignees, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the products and services and Your acquisition and use thereof, including, but not limited to, the provision of the SiteMakerXL.com products and/or services by SiteMakerXL.com and its agents and employees. Further, You agree to defend, indemnify and hold SiteMakerXL.com harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein, any negligence or wilful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should SiteMakerXL.com be notified of a pending law suit, or receive notice of the filing of a law suit, SiteMakerXL.com may seek a written confirmation from You concerning Your obligation to defend, indemnify SiteMakerXL.com. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that SiteMakerXL.com shall have the right to participate in the defence of any such claim through counsel of its own choosing. You agree to notify SiteMakerXL.com of any such claim promptly in writing and to allow SiteMakerXL.com to control the proceedings. You agree to cooperate fully with SiteMakerXL.com during such proceedings.
You agree that You will be responsible for notifying SiteMakerXL.com should You desire to terminate Your use of SiteMakerXL.com’s Services. Notification of Your intent to terminate must be provided to SiteMakerXL.com no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date.
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.
You attest that you are of legal age to enter into this Agreement.
This Agreement, together with all modifications, constitutes the complete and exclusive agreement between you and us, and supersedes and governs all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without SiteMakerXL.com’s prior express written consent.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labour strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over SiteMakerXL.com, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, SiteMakerXL.com may immediately terminate this Agreement.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section. SiteMakerXL.com employ an Acceptable Usage Policy to maintain the performance and integrity of our computer equipment. Breach of our Acceptable Usage Policy may result in account suspension or termination without refund.