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Terms of Service
Who is XLAN
Our Company Philosophy
It is important to precede our Terms of Service agreement with our corporate philosophy. Xlan is a small company that intends to provide the highest quality of service to all of our customers. The vision of a hosting company that operates like a Mom ‘n Pop hardware store of old appeals to us – so if there are any questions or special requests (i.e., exceptions) you have about the below, please feel free to contact us. We’re always willing to try to work out something that works for both of us – please don’t think of us as a faceless internet company.
-Cory and Greg
Terms of Service Agreement
Xlan is dedicated to providing reliable service to all of our customers. By subscribing to Xlan services, you completely understand and agree to these terms of service and any potential modifications or additions to Xlan's Terms of Service Agreement.
Pricing and Billing
Xlan will not increase or decrease your account pricing plan without
first notifying you. Methods of payment that are acceptable for monthly
services are Visa, Mastercard, personal or business check, money order,
or PayPal. Yearly services may be paid with personal or business check,
money order, or PayPal. Credit card processing restrictions do not allow
us to offer yearly billing by credit card at this time. If you prefer
to arrange a different method please contact Xlan by email to make these
arrangements. Xlan will charge a $20 fee for any returned check. Failure
to remit payment on time may result in the termination of the account.
Customers may experience a service charge or late fee for declined credit
cards and or interference of payment. Billing will continue until the
customer closes the account. All monthly customers paying by credit card
will need to confirm with Xlan by email, fax, or post that recurring monthly
payments for Xlan's services are acceptable.
Cancellation / Refunds
It is the users responsibility to notify Xlan to close his or her account. Failure to notify Xlan of account closure will result in accrued charges for which you will be responsible for paying. Xlan reserves the right to cancel service for any reason without prior notice. Setup and or service charges are not refundable. The customer has the right to request a full or partial refund for services rendered within one month of the charge in question.
Xlan strongly believes in freedom of speech and personal expression; however, Xlan has the right to refuse service and close any account belonging to any individual or entity engaging in unacceptable content. This content includes, but is not limited to: pornography; material that is deemed obscene by Xlan; content that constitutes an illegal threat; personal attacks; promoting, redistributing, or storing illegally copied or modified software; programs or software code used to facilitate illegal activities or circumvent copyright protection; Unsolicited Bulk Email (also known as UBE, UCE or SPAM); and anything the shareholders and employees of Xlan deem unacceptable.
Unsolicited Bulk Email (UBE, UCE, or SPAM)
Xlan is strongly opposed to unsolicited bulk email (UBE). Xlan prohibits sending UBE from Xlan equipment; hosting websites advertised, affiliated, or linked with unsolicited bulk email; or any email account being used as return address for unsolicited bulk email. Any account in violation of these terms will be immediately terminated and the account will be penalized a non-refundable $5000 cleanup fee.
Violating Xlan's system or network security is prohibited and may result in the termination of your account. Such acts subject the violator to criminal and civil liability. This includes, but is not limited to: traffic interference, deliberate attempts to overload a system, unauthorized access, any attempt to access Xlan system files, and any attempt to access another user's private files without proper authorization. The security and reliable function of Xlan's equipment and software is imperative to all members. Xlan reserves the right to take whatever actions necessary to maintain and protect the security and reliability of the system, including closing the accounts of users who disturb the security and reliability of the system. Xlan will attempt to keep the system as secure as possible, but cannot guarantee absolute and continuous privacy of users' files.
Xlan services are for lawful use only. Any illegal activity under Washington State or Federal (United States) Law conducted through use of an Xlan account is a violation of the terms of the account with Xlan. Customers must also show consideration for laws, rules, and regulations of other jurisdictions when engaging in activities that involve other jurisdictions. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademarks, trade secrets, and other intellectual property rights used without the proper authorization. Xlan reserves the right to refuse service to any individual or entity, and to close any account at any time.
Limitation of Liability and Damages
Customers use the information obtained through Xlan at their own risk. While we are committed to helping you resolve problems you may incur, Xlan is not responsible for any expenses, costs, damages, or losses that you may suffer or that anyone else may suffer and claim against you under any circumstance, including, but not limited to: use or misuse; service outage; hardware; software; your actions or activities, whether legal or illegal; the actions or activities of anyone else, whether legal or illegal; and any goods or services provided by Xlan. Xlan will not be liable to you under this Agreement or in relation to any matters in any way connected with this agreement. Xlan disclaims any representation or warranty that the Xlan service will be error free, secure, or uninterrupted. Xlan will not be responsible or held liable for any failure in performance caused by reasons beyond its reasonable control, including, but not limited to: acts of God, earthquakes & other natural disasters, riots, war, and governmental requirements.
The technical support that Xlan provides is limited to assistance with our services. Xlan will not be held liable for support given for other applications and requests.
Users agree to indemnify and hold Xlan, its members, officers, and employees, harmless from any claims, suits, judgments, losses, costs, demands or damages. This includes, but is not limited to any attorney fees and expenses by the user or its clients which are in any way related or not to Xlan.
Xlan honors and respects the privacy of its users. Personal and identifiable information will only be used in the context of your customer relationship with Xlan. Xlan may use your information to contact you for inquiries on your account, billing, and direct marketing. Xlan will not sell your personal information to others unless required to do so by law or your prior permission is obtained.
Please protect your passwords. Xlan is not responsible for lost or stolen passwords. It is your responsibility to notify Xlan directly if you believe your account may be compromised.
Xlan does not protect users' copyright interest for them. Xlan assumes no responsibility for anything posted online by Xlan users, publicly or privately.
Changes to Account Information
It is the customers' responsibility to update and inform Xlan of any changes to personal account information. This includes but is not limited to: name, address, phone number, credit card information, etc. Customer agrees that all information given to Xlan is true and accurate.
Xlan's primary source of communicating with its users is through email. You agree that sending information to you via email is a mutually acceptable method of providing notification. It is the users responsibility to inform Xlan if you wish to be contacted in a different manner.
Modifications to Terms of Services
Xlan reserves the right to modify, add, or delete any provisions of its Terms of Service Agreement at any time without notification. If Xlan makes any revisions to the policies of this agreement, the changes will become effective immediately. Xlan will keep all policies and Terms of Service Agreement posted for review on our website.
Reselling and Sharing
It is not permissible to resell or share an account or service that Xlan provides. An xlan.org customer cannot resell or share an account with other entities. For example, if you have several websites that you own, operate and maintain within the limits of your account, this is ok. If you are hosting websites for other people, and splitting the cost OR reselling the space to them this is not acceptable and will be considered to be a violation of our usage policy.
Copyright ©2003 -- XLAN, Inc.
- All rights reserved
Photography - Cory R. King