Terms of Service
XeleX Universal Terms of Service Agreement
This Universal Terms of Service Agreement ("Agreement") sets forth the terms and conditions of the use of our systems, software, platforms, APIs, and the use and/or purchase of our products and related services and for the purchase and/or use of any products and services acquired through XeleX from our partners and/or affiliates (collectively "Services").
In this Agreement "You" and "Your" refer to You as the user of our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "Us" and "Our" refer to Xelex LLC, as well as its subsidiaries and sister companies (“XeleX”). This Agreement explains Our obligations to You, and explains Your obligations to Us for using Our Services. These obligations are in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
When You use Our site, Your account (or You permit someone else to use it) to purchase or otherwise acquire access to Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement, along with the following policies and the applicable product agreements, which are incorporated by reference herein.
The following general policies apply to all Our Services:
We offer the following Services. Within each category, you will find the additional terms and conditions that apply to particular products and services.
Domains
WhoisGuard
Term of Agreement; Modification.
You agree that XeleX may, in its sole and absolute discretion, modify this Agreement and the Services it offers to You from time to time and that such modifications are effective immediately upon posting to this site. Your use of the site or Services, after such changes or modifications have been made, constitutes Your agreement to be bound by this Agreement as last revised. If You have purchased Services from XeleX, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, as long as You take advantage of and use the Services.
Eligibility & Authority.
Our site and Services are available only to users who can form legally binding contracts under applicable law. By using this site and/or the Services, You represent and warrant that you are at least eighteen (18) years of age and not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
If You are entering this Agreement on behalf of a corporate entity, You represent and warrant that You have legal authority to bind such corporate entity to the terms and conditions contained in this Agreement (and those additional agreements and policies incorporated by reference), in which case “You”, “Your” will also refer to such corporate entity. If, after acceptance of this Agreement, We find that You do not have the legal authority to bind said corporate entity, You will be personally responsible for the obligations contained in this Agreement and any/all related agreements that You enter into based on the Services You use, including but not limited to the payment obligations. XeleX shall not be liable for any loss or damage resulting from Our reliance on any instruction, notice, document or communication reasonably believed by Us to be genuine and originating from an authorized representative of Your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, We reserve the right (but undertake no duty) to require additional authentication from You. You further agree to be bound by the terms of this Agreement, and any other agreement and/or policies required by the Services purchased, for transactions entered into by You, anyone acting as Your agent and anyone who uses Your account or the Services, whether or not authorized by You.
Accounts; Accurate Information; Transfer of Data Abroad.
Accounts & Accurate Information. In order to access some of the features of this site or use some of the Services, You will have to create an Account. You represent and warrant that all information You submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. You further agree to maintain accurate information by providing updates to Us, as needed, while You are using the Services. You agree that You will notify XeleX within five (5) business days of any change in the information You provided as part of the application and/or registration process and as required by Your Account. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by XeleX to determine the validity of information provided by You will constitute a material breach of this Agreement.
If We have reason to believe that Your Account information is untrue, inaccurate, not current, misleading or incomplete, We reserve the right, in Our sole and absolute discretion, to suspend or terminate your Account and any Services.
You are solely responsible for the activity that occurs on Your Account, whether authorized by You or not, and You must keep your Account information secure, including without limitation Your customer username/login, support pin code, password, API key (if any) and any/all content which might include payment details.
You must notify XeleX immediately of any breach of security or unauthorized use of Your Account. We will not be liable for any loss You incur due to any unauthorized use of Your Account. You, however, may be liable for any loss We or others incur caused by Your Account, whether caused by You, or by an authorized person, or by an unauthorized person. Further, You agree that We may charge You administrative fees equal to $50 (US Dollars) per hour for Our time spent in relation to said matter, regardless of whether or not We return control over the Account and/or domain names in question to You.
Transfer of Data Abroad. If you are visiting this Site and/or using Our Services from a country other than the country in which Our servers are located, Your communications with Us may result in the transfer of information (including Your Account information) across international boundaries. By visiting this Site, using Our Services and communicating electronically with Us, You consent to such transfers.
Availability of Website & Services.
We shall use commercially reasonable efforts to attempt to provide this site, the Services available to purchase on Our site and Our Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that We undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that We have no control over the availability of this Site or Services on a continuous or uninterrupted basis, and that We assume no liability to You or any other party with regard to such, including but not limited to loss of revenue.
From time to time, XeleX may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. Beta Services, unless otherwise exempted, are subject to the following:
If You elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that Your use of the Beta Services may expose You to unusual risks of operational failures; (iii) The Beta Services are provided as is, so We do not recommend using them in production or mission critical environments; (iv) We reserve the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) XeleX may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding Your experience with the Beta Services in a form reasonably requested by Us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use Your feedback for any purpose, including product development purposes. At Our request You will provide Us with comments that We may use publicly for press materials and marketing collateral. Any intellectual property inherent in Your feedback or arising from Your use of the Beta Services shall be owned exclusively by XeleX; (viii) You acknowledge and agree that all information regarding Your use of the Beta Services, including Your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to XeleX; (ix) the Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, XeleX disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
XeleX offers, as part of the Services available to You, products and/or services from third parties. These products and/or services are subject to the terms of this Agreement, including any additional policies and agreements required, and this Agreement controls as between You and XeleX. Nothing contained in any agreement executed between You and a third party provider shall eliminate, reduce or add to the obligations of XeleX as described herein.
All paid Services are non-refundable, unless otherwise specified.
Account Panel.
The account panel associated with Your Account (“Account Panel”) enables You to purchase, renew, extend, suspend or cancel Service(s). You acknowledge and agree that You will not use the Account Panel to abuse and/or overload any of Our Systems or Services or any API. Abuse of the Account Panel will be determined in Our sole and absolute discretion. It includes but is not limited to repetitive, high volume requests, inquiries, calls or other excessive use or abuse of Our Systems or Service(s) or any API. You further agree to abide by such guidelines on acceptable use of Our Services (and/or the Account Panel) as set forth by Us, which may change at any time in Our sole and absolute discretion. In addition to any other right to terminate, XeleX specifically has the right to immediately terminate Your Account, without notice or right to cure, in the event that You violate this term.
Acceptable Use Policy (AUP).
You acknowledge and agree to the following with respect to all of Our Services:
A. You will use all Services for lawful purposes only and You will comply with the terms of this Agreement and any other agreements you have entered into by virtue of purchasing or using Our Service(s) in addition to all applicable local, state, national and international laws, rules and regulations.
B. You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about any other user or any other person or entity without their express permission.
C. You will NOT use our site or Services in a manner (as determined by Us in our sole and absolute discretion) that:
Violates the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government and/or international laws or customary industry acceptable use standards;
Promotes, encourages or engages in child pornography or the exploitation of children;
Promotes, encourages, engages or displays cruelty to humans or animals;
Promotes, encourages or engages in terrorism, violence or hatred against people, animals or property;
Transmits any unsolicited commercial or bulk email, or engages in any activity known or considered to be spamming or Mail Bombing;
Makes any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum;
Makes, attempts or allows any unauthorized access to XeleX website, servers, account, Your own hosting account or the account of any other customers of XeleX;
Allows any remote code execution of malicious software through a hosting account or any APIs provided by XeleX;
Causes denial of service attacks, port scans or other endangering and invasive procedures against XeleX servers and facilities or the servers and facilities of other network hosts or Internet users;
Forges the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the user;
Infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information;
Contains viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware;
Contains any kind of proxy server or other traffic relaying programs;
Uploads unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc.), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts;
Engages in or instigates actions that cause harm to XeleX or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by any online spam database, actions resulting in DDOS attacks for any servers, etc.;
Reverse engineers any API or attempts to use an API to obtain confidential information;
Circumvents an API in order to violate XeleX restrictions such as, but not limited to, accessing products and services owned by other customers, avoiding payment for Services;
Overloads Our systems, including APIs, in any way; or
Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
D. You will not access XeleX Content (defined below) or User Content (also defined below) through any technology or means other than through this site itself, or as We may designate.
E. You agree to back-up all of Your User Content, including email and applicable content, so that You can access it when needed. XeleX does not warrant that We back-up any account, User Content and/or email and applicable content, and You agree to accept as a risk the loss of any and all of Your User Content.
F. You agree to provide government-issued photo identification and/or government-issued business identification, plus whatever else We deem required and necessary, in order to verify Your identity.
XeleX reserves the right to refuse Services to anyone upon Our discretion. Any material that in XeleX’s judgment is either obscene or threatening is strictly prohibited and will be removed from XeleX servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund.
You agree that We have the sole right to decide what constitutes a violation of the AUP described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our AUP is found, XeleX will take corrective action upon Our own discretion and will notify You. XeleX’s decision in such case is binding and final, and cannot be a subject of a further change. XeleX cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to XeleX or any other third party.
You further agree to the product and service specific AUPs which are incorporated herein by reference:
Acceptable Use Policy — XeleX Acceptable Use Policy for web hosting clients
XeleX Content; User Content.
In addition to the general rules above, the provisions in this section apply specifically to Your use of XeleX Content and User Content posted to XeleX’s site (i.e. those sites which We directly control or maintain). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) You may have in content posted to Your websites.
XeleX Content. Except for User Content, with respect to all content on this site and the Services We offer, all right, title and interest in and to all (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by XeleX, its licensors, and/or where applicable its partners and affiliates, and You agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to You, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement.
XeleX Content is provided to you “as is”, “as available” and “with all faults” for Your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without Our express prior written consent. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. We reserve all rights not expressly granted in and to the XeleX Content, this site, Our Services, and this Agreement do not transfer ownership of any of these rights.
User Content. Some of the features of Our site(s) or the Services may allow users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos, (c) reviews, rankings and/or product ratings (“User Reviews”) (collectively “User Content”). User Content also includes all content submitted through your Account. By posting or publishing User Content to this site or to the Services We offer, You represent and warrant to Us that (i) You have all necessary rights to distribute User Content via this site or via the Services, either because You are the author of the User Content and have the right to distribute the same, or because You have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this site or Our Services (including without limitation those features that prevent or restrict use or copying of any XeleX Content or User Content) or enforce limitations on the use of this site or Our Services, the XeleX Content or the User Content therein.
XeleX’s Use of User Content.
The provisions in this section apply specifically to XeleX’s use of User Content posted to Our websites (i.e., those sites which XeleX directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) You may have in content posted to Your hosted websites.
In General. You shall be solely responsible for any and all of Your User Content or User Content that is submitted through Your Account, and the consequences of, and requirements for, distributing it.
User Submissions & User Reviews. You acknowledge and agree that:
Your User Submissions and/or User Reviews are entirely voluntary.
Your User Submissions and/or User Reviews do not establish a confidential relationship or obligate Us to treat Your User Submissions as confidential or secret.
XeleX has no obligation, either express or implied, to develop or use Your User Submissions or User Reviews, and no compensation is due to You or to anyone else for any intentional or unintentional use of Your User Submissions or User Reviews.
XeleX may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
XeleX shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions and/or User Reviews posted to Our site(s), and shall be entitled to the unrestricted use and dissemination of any User Submissions or User Reviews posted to Our site(s) for any purpose, commercial or otherwise, without acknowledgment or compensation to You or to anyone else.
User Content (Other Than User Submissions/User Reviews). If You have a website or other content hosted by Us, You shall retain all of Your ownership or licensed rights in User Content.
By posting or publishing User Content to this site or through Our Services, You authorize Us to use the intellectual property and other proprietary rights in and to Your User Content to enable inclusion and use of the User Content in the manner contemplated by this Agreement. You hereby grant XeleX a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform Your User Content in connection with this site, the Services and XeleX’s (and XeleX’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each user of this Site a non-exclusive license to access Your User Content (with the exception of User Content that you designate “private” or “password protected”) through this site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this site and under this Agreement. The above licenses granted by You in your User Content terminate within a commercially reasonable time after You remove or delete Your User Content from this Site. You understand and agree, however, that XeleX may retain (but not distribute, display, or perform) server copies of Your User Content that have been removed or deleted. The above licenses granted by You in Your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, XeleX shall not use any User Content that has been designated “private” or “password protected” by You for the purpose of promoting this site or XeleX’s (or XeleX’s affiliates’) business(es).
Storage and Security.
You are entirely responsible for maintaining the confidentiality of Your Account access credentials (including but not limited to Your customer username/login, support pin code, password and API key (if any)) and Account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your content displayed, linked, transmitted through or stored on or hosted on Our server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; (iii) ensure the security, confidentiality and integrity of Your content transmitted through or stored on XeleX servers; and (iv) ensure the confidentiality of Your password.
XeleX's servers are not an archive and XeleX shall have no liability to You or any other person for loss, damage or destruction of any of Your content. Though some Services offered by XeleX are PCI (Payment Card Industry) compliant, they should not be utilized as such without further compliance activity with respect to Your business. XeleX shall have no liability to You or any other person for Your use of XeleX Services in violation of these terms. Further, You agree not to undertake any activities that may impact or place at risk XeleX’s ability to maintain Our PCI compliance. We reserve the right to take any action necessary to ensure Our ongoing PCI compliance status.
XeleX Non-Exclusive License; Third-Party License; Links to Third-Party Websites.
In using Our Services, You may be granted the ability to use Our software and/or third-party software that We make available for Your use. You may also choose to add and use third-party software in connection with Our Services. Moreover, We may offer third-party products and services that require You to access their website in order to complete Your purchase and/or agree to additional terms and conditions. For these situations, the following provisions apply.
XeleX Non-Exclusive License. If You have licensed software from XeleX, XeleX grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
XeleX reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of XeleX. The source code and its organization are the exclusive property of XeleX and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by XeleX.
Any such software and Services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
Third-Party Software Use. XeleX provides some third-party software to You for easier account management. Such software is provided on an "as is" as available basis. We do not guarantee that any specific results can be obtained by using such software. XeleX does not take responsibility for any faults in such software functioning. You agree that Your use of any XeleX Services shall be used by You in accordance with the terms of any relevant third-party licenses. Your failure to abide by any third-party license may result in the immediate termination of Your Services by XeleX.
You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by XeleX. Your use of any third party software is at Your own risk. XeleX does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. XeleX will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. XeleX reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.
Links to Third-Party Websites Provided By Us. This site and the Services offered by XeleX, may contain links to third-party websites that are not owned or controlled by Us. These links include, but are not limited to, links to third-party provider services and products through the XeleX App Marketplace. XeleX assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, XeleX does not censor or edit the content of any third-party websites. By using this site or Our Services, whether provided directly by Us or by a third-party, You expressly release XeleX from any and all liability arising from Your use of any third-party website and/or services offered by them. Accordingly, XeleX encourages You to be aware when You purchase or use products/services of third-parties and to review the terms and conditions, privacy policies, and other governing documents of each other website that You may visit. As between You and XeleX, this Agreement and all of Our policies and additional terms control Our relationship with You.
Third-Party Content.
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. XeleX has the absolute right to reject any advertising or other third party content that is illegal, offensive, defamatory or otherwise in breach of the then current XeleX policy or agreement. Such content may result in the suspension or in the immediate termination of Your account.
Privacy.
XeleX's Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and XeleX's responsibilities with regard to Your personal information. XeleX will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that XeleX, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if You do not agree to any such modification, You may terminate this Agreement. XeleX will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to XeleX as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to XeleX in the future. XeleX is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data.
Trademark or Copyright Claims.
XeleX is a service provider and respects the copyrights and other intellectual property rights of others. To the extent XeleX receives a proper notice of infringement of copyright, trademark or other intellectual property, XeleX reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if XeleX believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.
XeleX expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. XeleX also reserves the right to terminate an account or subscriber for even one instance of infringement.
If You would like to submit (a) a trademark claim for violation of a mark on which You hold a valid, registered trademark or service mark, or (b) a copyright claim for material on which You hold a bona fide copyright, please refer to XeleX’s Copyright and Trademark Policies.
No Spam; Liquidated Damages.
No Spam Policy. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using Our products and services for the purpose of sending spam are fully investigated. If We determine there is a problem with spam, We will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
Email Messages
Newsgroup postings
Windows system messages
Pop-up messages (aka "adware" or "spyware" messages)
Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
Online chat room advertisements
Guestbook or Website Forum postings
Facsimile Solicitations
Text/SMS Messages
We will not allow Our servers and services to be used for the purposes described above. In order to use Our products and services, You must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but You must also abide by this no spam policy.
Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and a legitimate opt-out method in the footer of the email or fax that will effectively unsubscribe the recipient. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If We determine the services in question are being used in association with spam, We will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period deemed appropriate by XeleX. The registrant or customer will be required to respond by email to Us stating that they will cease to send spam and/or have spam sent on their behalf. We may require a non-refundable reactivation fee to be paid before the site, email boxes and/or Services are reactivated. In the event We determine the abuse has not stopped after Services have been restored the first time, We may terminate any and all Services associated with the domain name in question and, if We do, no refund will be available to You.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through Our Spam Abuse Complaint Center on the Web. Report abuse →
Remedies, Liquidated Damages. You agree that We may immediately terminate any Account which we believe, in Our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay Us liquidated damages in the amount of $500 or $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your Account, whichever amount is greater.
Additional Reservation of Rights.
XeleX expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by XeleX in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by XeleX in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of XeleX, its officers, directors, employees and agents, as well as XeleX’s affiliates.
In the event that XeleX need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on Your accounts, and You will continue to remain responsible for the payment of any service fees that accrue during the relevant period.
Billing & Payment; Currency; Termination & Cancellation Policy.
Billing and Payment. All fees for the Services shall be in accordance with XeleX's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the time You order the Services, unless otherwise noted. You may pay for Services by providing a valid credit or debit card, an electronic check (from your personal or business checking account, as appropriate), PayPal, Bitcoin, Dwolla, or any other payment method then accepted by XeleX (each a “Payment Method”); provided, however, that We may at Our option require that You pay fees through a particular payment means (such as by credit card or by wire transfer) or that You change from one payment provider to another. Charges for the Service(s) will be billed to Your chosen Payment Method as charges for “XELEX LLC.” If You choose to pay for the Service(s) by credit card, Our payment processing service provider may, at the beginning of the payment process, pre-authorize the transaction charges against Your credit card. This process confirms both the validity of the credit card and the availability of sufficient funds to finalize the transaction. If, after commencing the payment process, You subsequently elect not to finalize Your transaction, We will clear any pre-authorized charges from Our systems and reverse the payment within two [2] hours. Depending on Your credit card provider and their policies, pre-authorized charges may continue to be reflected in Your credit card account details for longer than this two [2] hour period. All prices and fees are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. XeleX expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this site, or the relevant site of the Service, and effective immediately without need for further notice to You. If You have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION WILL ATTEMPT TO AUTOMATICALLY RENEW THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WITH THE AUTOMATIC RENEWAL OPTION, XELEX WILL ATTEMPT TO RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH US AT XELEX’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. PLEASE NOTE THAT RENEWAL DATES VARY BY SERVICE. FOR INSTANCE, SOME SERVICES MAY RENEW THIRTY (30) DAYS PRIOR TO EXPIRATION AND OTHERS MAY RENEW FIVE (5) DAYS PRIOR TO EXPIRATION. YOU MAY ENABLE OR DISABLE THE AUTOMATIC RENEWAL OPTION AT ANY TIME. HOWEVER, SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE OR IF YOUR PAYMENT METHOD CHOSEN FOR YOUR AUTOMATIC RENEWAL SHOULD FAIL, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND XELEX SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. XELEX RESERVES THE RIGHT TO DETERMINE WHETHER A SECOND ATTEMPT AT PAYMENT WILL BE MADE SHOULD THE CHOSEN PAYMENT METHOD FAIL.
IN ADDITION, XELEX MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR THIRD-PARTY BILLING PROVIDER. IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, XELEX WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. XELEX MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND XELEX SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
If for any reason XeleX is unable to charge your payment method for the full amount owed for the Services provided, or if We receive notification of a chargeback, reversal, payment dispute, or are charged a penalty for any fee previously charged to your payment method, You agree that XeleX may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to You, of any domain names or Services registered or renewed on Your behalf. You also agree that all rights to and interest in and use of any Services, content and/or products purchased through Us, including all data hosted on Our systems shall be assumed by Us in satisfaction of any indebtedness by You to Us. We will reinstate Your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and Our reinstatement fee, currently set at $200 (US Dollars). XeleX also reserves the right to charge You reasonable "administrative fees" or "processing fees" for (i) tasks XeleX may perform outside the normal scope of its Services, (ii) additional time and/or costs We may incur in providing its Services, and/or (iii) Your noncompliance with this Agreement (as determined by XeleX in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP action(s) in connection with Your domain name(s) and/or disputes that require accounting or legal services, whether performed by XeleX staff or by outside firms retained by XeleX; (iii) recouping any and all costs and fees, including the cost of Services, incurred by XeleX as the results of chargebacks or other payment disputes brought by You, Your bank or payment method processor. These administrative fees or processing fees will be billed to the payment method You have on file with XeleX.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, XeleX will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at XeleX's then current rates.
Currency. While all purchases are processed in US dollars, XeleX may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, XeleX makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT or additional off-shore margin and/or fees, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.
Termination & Cancellation Policy. The initial term of Your agreement with XeleX shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with XeleX shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.
This agreement may be terminated: (i) by You when You discontinue the use of Our Services or (ii) by XeleX at any time, without prior notice, if, in XeleX's judgment, You are in violation of any terms or conditions herein; or (iii) in XeleX's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon XeleX or could disrupt XeleX's business operations; or (iv) by XeleX if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and XeleX.
In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that XeleX may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of XeleX.
Refunds do NOT apply to Services unless otherwise specified.
In the event of termination of this Agreement caused by Your default hereunder, You shall bear all costs of termination, including any reasonable costs XeleX incurs in closing Your account. You agree to pay any and all costs incurred by XeleX in enforcing Your compliance with this section. Upon termination, You shall destroy any copy of the materials licensed to You hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, XeleX may delete all information related to You on the Services.
Customer Support.
XeleX provides customer support to You at no additional fee for issues related to XeleX Services only. XeleX has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable. XeleX will also require, before assistance can be given, that You verify Your identity in relation to the Account in question. We will determine, in Our sole and absolute discretion, what must be provided for verification purposes.
Unless otherwise directed by a specific Service, You can request customer support only by opening Live Chat or Ticket through the HelpDesk system located in the Customer area. XeleX will have no liability to provide customer support if it is requested in any other way apart from the HelpDesk system or the instructions specific to the Service at issue. You are solely responsible to use the appropriate HelpDesk category when opening Live Chat or posting Ticket. XeleX will have no liability to respond to tickets opened in inappropriate categories. XeleX shall not be liable for any delay in Live Chat and/or Ticket opened in inappropriate categories. You acknowledge that by asking our customer support representatives for assistance, You authorize their intervention and operation in Your account.
You must provide XeleX with all information and access to facilities that XeleX may reasonably require to provide the requested customer support. You are solely liable for performing and storing a back-up copy of data, files, hosting account and any other content prior to requesting customer support and agreeing to any interference or operation, provided by XeleX. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the back-up copies of Your data. You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, excessive number of Live Chats and Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Live Chats, posting Tickets, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, account suspension or possible account termination with no refund. XeleX has the sole right to decide what constitutes abuse of the HelpDesk system.
Account Use.
You are responsible for security of Your Account access credentials. XeleX will not change passwords to any account. Should You need to restore access to Your account, You will need to provide Us with appropriate identification, as determined by Us in Our sole discretion, and We will initiate a password reset process for You to complete. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that XeleX will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will XeleX be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless XeleX from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to XeleX you should take all due precautions to provide any sensitive information over a secure communication channel.
Disclaimer of Representations and Warranties.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND OUR SERVICES SHALL BE AT YOUR OWN RISK AND THAT SERVICES FOUND ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. XELEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. XELEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND XELEX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY XELEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS SUPPORT CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR OUR SERVICES.
Limitation of Liability; Waiver and Release.
IN NO EVENT SHALL XELEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) OUR SERVICES WHETHER FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT XELEX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT XELEX WILL NOT BE LIABLE FOR ANY (I) SUSPENSION OR LOSS OF THE SERVICES; (II) INTERRUPTION OF BUSINESS; (III) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE(S) PROVIDED THROUGH OR BY THE SERVICES; (IV) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (V) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (IV) EVENTS BEYOND THE CONTROL OF XELEX; (VII) THE PROCESSING OF YOUR APPLICATION FOR SERVICES; OR (VIII) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL XELEX’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
NO WAIVER OF ANY PROVISION OF THIS AGREEMENT SHALL BE EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF XELEX.
Indemnification.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge XeleX and all affiliates of XeleX, and all officers, agents, employees, and representatives of XeleX, and all of their heirs, personal representatives, predecessors, successors and assigns, 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 Services and Your acquisition and use thereof, including, but not limited to, the provision of XeleX products and/or services by XeleX and its agents and employees. Further, You agree to defend, indemnify and hold harmless XeleX and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by XeleX’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or Your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to XeleX, including, without limitation, any misrepresentation in Your ap
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