Definitions

"XQQME.COM" or "We" refers to 632526 BC Inc. DBA XQQME.COM Internet Hosting Solutions Inc, its subsidiaries and affiliates.

"Service" refers to the services provided by XQQME.COM and subscribed to by you (the customer) and may include, but is not limited to Website Hosting, Web Site Design and Consultation.

"You" refers to the person or organization that uses or subscribes to XQQME.COM’s Services.

General

This Agreement sets forth the Terms and Conditions that apply to use of the Service by you. By using the Service, you agree to comply with all of the Terms and Conditions set out in this document.

We shall have the right, at any time, to change or modify the Terms and Conditions applicable to your use of the Services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice by us, which may be given by any means including, but not limited to, posting on our website, or by electronic or conventional mail. Any use of the Services by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

Our Services are provided on the basis of, and are subject to, service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason whatsoever.

Term and Termination

The Service is for an initial term as agreed between us and shall automatically renew at the end of the initial Term on a month-to-month basis unless terminated by either party in accordance with these Terms and Conditions.

If you are dissatisfied with our service, or with any of our terms, conditions, rules, policies, guidelines, or practices in operating the Service, your sole and exclusive remedy is to terminate your Service agreement with us in accordance with our cancellation policy and discontinue using the Service. You must provide us with not less than five (5) days' written notice prior to the next billing date to advise us of your decision to terminate the Service agreement.

No refunds will be given for partial terms or for any initial registration fee.

We reserve the right to terminate any Service to you immediately and without notice for cause in the event that you breach this Agreement. We may, at our sole discretion, suspend your service in lieu of terminating this Agreement while we investigate the alleged breach of this Agreement.

Your Responsibilities

While using the Service you must comply with applicable laws at all times. You assume total responsibility and risk for your and your authorized users’ use of the Service.
You are responsible for paying all charges necessary to use and access the Service. We will recognize only you as the person authorized to accept, utilize, manage, modify or terminate the Service.

Privacy

We collect and use personal information about you and your use of our Services ("Information"): (i) to consider initiating and to initiate, maintain and develop our relationship with you in connection with our offering and servicing of products and services; (ii) to administer billing and accounting services and security measures in relation to your business with us; (iii) to monitor your customer history, evaluate your credit standing and to share or exchange credit reports and information with credit reporting agencies and credit bureaus; (iv) to promote and to market additional products, goods and services offered by us, including by means of direct marketing; and (v) to comply with legal and regulatory requirements.

You consent to our collection from, verification with, communication to, any third party and our and their use of, Information for these purposes. You authorize these parties to give us the Information. You acknowledge that your name, address and telephone number are not considered confidential Information and may be disclosed by us. In addition, you agree that we may disclose Information to: (i) any person who, in our reasonable judgement, is seeking the Information as your agent; or (ii) a person involved directly or indirectly in supplying the Service to you, including, without limitation, our sales agents, to the extent the Information is required and used only for such purposes, including the efficient supply of Services to you, and provided that person is required to keep such Information confidential; or (iii) a person retained by us to collect amounts which you owe us or to enforce our rights under these Terms and Conditions, if the Information is required for, and is to be used only for that purpose and that person is required to keep such Information confidential.

We may also use Information in our records for as long as it is needed for the purposes described above and your consent remains valid after the termination of our relationship with you. You understand and agree that, unless we are notified in writing (letter, email or facsimile) to the contrary, we are further authorized to disclose, on a confidential basis, to any party with whom we have business relations all relevant information relating to your dealings with us and our Service.

Service Rates

The prices for the Service are made available on our web site and are subject to change without notice.

Billing

We will bill you based on the term setup (Semi-Annually, Annually), in advance of the provision of Service, unless otherwise specified in these Terms and Conditions. The invoice will include, and you will be responsible for, any applicable provincial and federal taxes, as well as interest charges on overdue invoices.

You must bring invoice inquiries and disputes to our attention within 30 days of the invoice date and failure to do so will be deemed to be an admission that the entire contents of the invoice are accurate.

Payment Terms

Payment shall be made by credit card (Visa, MasterCard, Discover, American Express) via 2checkout.com, or via PayPal.com.

Should you choose to pay our service by any method other than by monthly credit card charges you may be subject to a credit check. We reserve the right to examine your credit record before we provide, continue or reinstate Services to you. You authorize us to investigate your creditworthiness and agree, from time to time, to provide appropriate authorizations and financial information as we may reasonably request for this purpose.

Service Interruption

We may suspend the Service at any time for any duration of time, without penalty or liability to ourselves, where necessary. You agree that it may be necessary for us to temporarily suspend our Service for technical reasons or to maintain our network, equipment or facilities.

We shall not bear any liability whatsoever for: (i) any such suspensions of Service; (ii) the termination of Service pursuant to these Terms and Conditions; (iii) suspension or termination of Service due to your non-payment of amounts or deposits due; (iv) suspension or termination of Service due to your unlawful or improper use of facilities or Service by you; (v) your inability to access any Services; or (vi) suspension or termination of the Service for any other reason at our sole discretion.

Limitation of Liability

The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. We make no representations or warranties whatsoever, either express or implied, with respect to the Service or any service, merchandise or information provided through the Service, including without limitation any representation or warranty with respect to the network transmission capacity of any common carriers used by us or the accuracy or quality of the Service. There is no warranty of title, non-infringement or any implied warranty of merchantability or fitness for a particular purpose. It is solely your and your authorized users' responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information and the quality and merchantability of the Service and all merchandise and services provided through the Service generally.

Neither we nor our suppliers warrant that the Service will be uninterrupted or error free.

Without limiting the generality of the foregoing, we and our suppliers, and our respective directors, officers and employees (collectively, in this paragraph, "XQQME.COM"), are not responsible or liable to you or third parties for any claim, loss, damages, liability or expenses you or others may suffer or incur as a result of, arising out of, or in any way connected with the Service, or any use of it or interruption in it, whether through act or omission, negligence or otherwise, and whether direct or indirect. Without limitation, XQQME.COM is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if XQQME.COM has been advised of the possibility of such claim, loss, damages, liability or expenses by you or others. You assume all responsibility and liability with respect to mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. The limitations on liability contained in this Agreement shall survive the termination of this Agreement.

Without limiting the generality of the foregoing, in no circumstances shall our liability to you exceed one (1) month's user fee.

Your Indemnification of XQQME.COM

You shall indemnify and hold us and our directors, officers and employees harmless against all claims, loss, damages, liability or expenses that we and/or they may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with your use of the Service. Indemnification includes, but is not limited to, claims by third parties, the installation, maintenance, and removal of any and all equipment, the violation by you of the Agreement in force from time to time, and legal fees, disbursements and all other reasonable costs incurred by us in connection with any legal, collection or other proceedings brought by us against you related to this Agreement.

Relationship

The relationship between us constitutes that of independent contractors. You do not possess, nor are you able to distinguish yourself as having, any authority to act for or create any obligation of, or make any representation on behalf of or in our name. You shall not use, in any manner or circumstance whatsoever, trademarks, trade names, logos or designs owned or licensed by us.

Enurement/Assignment

These Terms and Conditions are binding upon, and shall enure to, our benefit and that of our respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise in respect of the Service without our prior written consent.

Force Majeure

Neither of us shall be liable for any delay, interruption or failure in the performance of our obligations if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond the control of the party affected that may prevent or delay such performance. If any such act or event occurs or is likely to occur, the party affected shall promptly notify the other, giving the particulars of the event. The party so affected shall use reasonable efforts to eliminate or remedy the event.

Unenforceable Provisions

If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.

Governing Law

The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of British Columbia and the Federal laws of Canada applicable in said Province.

You may be subject to other local, provincial and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

Waiver

No waiver of any of the provisions of these Terms and Conditions shall be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

Entire Agreement

These Terms and Conditions represent the complete Agreement and understanding between us with respect to the Service and supersede any other written or oral agreement.

Web Hosting Terms & Conditions

Software

Your use of the software provided by us, including any updates, new editions or versions issued by us from time to time, shall be subject to any terms and conditions that apply to the use of such software and included in the software package provided by us.

End User

You warrant that you are the end user of the software and the Internet Service provided under this Agreement.

Manner of Use

You agree to use the Service in a courteous and cooperative manner so as to avoid abusing the Service, Netiquette and user etiquette. You also agree to respect the use of the Internet so that you do not violate the laws or affect the rights of others. You will not misuse proprietary information or property of others for your own purposes or otherwise and will not publish threatening or defamatory materials or any materials otherwise injurious to the business or reputation of others. In particular, without limiting the generality of the foregoing, you shall not do, nor permit any of your authorized users or other third parties to do, any of the following:

i. choose a user name for your email address which is protected by copyright, or other intellectual property right, without obtaining permission of the copyright or other right holder;
ii. disclose private communications or disclose confidential information without permission to parties other than the intended recipient;
iii. post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, or profane information of any kind, including without limitation any transmissions encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including, without limitation, export control laws and regulations;
iv. choose a user name for your email address which is libellous, defamatory, obscene, threatening, abusive or hateful;
v. post or transmit any information or software that you are aware contains a virus, worm, or other harmful component;
vi. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Internet which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
vii. falsify user information provided to us or to other users of the Service in connection with the use of our Service;
viii. use any means or device to obtain, or attempt to obtain, the Services with the intent to avoid the applicable charges;
ix. use any means or device to gain unauthorized access to, alter, or destroy (or any attempt thereof) the data or information of any other customers and/or their end users;
x. engage in any activities that will cause a disruption of the Services (e.g. synchronized number sequence attacks) to other users and/or their end-users;
xi. use the Services in violation of the law, or in aid of any unlawful act, or to interfere with the use and operation of our network.

We consider the above practices to constitute abuse of both our Internet Service and of the recipients of such unsolicited mailings or postings who often bear the expense. Engaging in one or more of these practices will result in immediate termination of your account. Nothing contained in this policy shall be construed to limit our actions or remedies in any way with respect to any of the foregoing activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including, without limitation, all rights and remedies available to us at law or in equity. We reserve the right, at our sole discretion, to deny access at any time to users who breach the above rules or cause other abuses which we, in our sole discretion, deem to be disruptive to our subscribers.

Term

The initial term for the Service shall be either for six (6) months or one (1) year. You may be required to commit to a longer term and pricing discounts may be made available to you for such longer-term commitment. At the end of the initial term, accounts automatically renew on a month-to-month basis unless terminated by either of us in accordance with these Terms and Conditions.

Invoices and Payment Terms

We may send any invoices to you by mail, e-mail or fax, and you agree to accept these as our duly issued invoices.

If you are a residential customer, you may request for an invoice statement which will be sent to you by e-mail. You may request for an invoice statement by mail or facsimile at an additional charge.

Cancellation of Account

Accounts may be cancelled within the first 30 days of sign up (including the date of sign-up) upon written notice delivered and received by us. Upon receipt of the notice of cancellation of account within the first 30 days, a full refund will be issued to you and your account will be cancelled immediately.

In case of an annual, semi annual or quarterly account that is cancelled after the 30-day money-back guarantee period, no refund will be issued to you.

After the first 30 days, accounts may be cancelled upon written notice delivered and received by us. Accounts that are paid for on a monthly basis will be set to expire on the next billing date.

Password and/or User ID Modifications

Upon request, we will modify your account's Password and/or User ID at a cost of $10.00 per modification.

XQQME.COM’s Right to Discontinue Service

We reserve the right to cancel the provision of our Internet Service to you at any time without notice and at our sole discretion. Without limitation, if you modify, alter, reverse engineer, decompile, disassemble or create derived works based on our proprietary network protocols or software provided by us, your action(s) will constitute Service abuse and we will have the right to immediately terminate the account without limiting any other recourse we may wish to pursue against you in respect of such infringements and illegal activity.

All user names associated with the Internet Service shall remain our property and we may, at any time at our sole discretion, require you to change your user name.