Terms and Conditions

Terms and Conditions

xod Media is a division of 2017548 Ontario Inc (“xod Media”). These Terms of Service (“Terms”) govern your access to and use of xod Media’s website, products, and services (“Products”). Please read these Terms and Conditions carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and Conditions.

Guarantee and refund policy

xod Media offers a 60-day money-back guarantee* on hosting services within the first 60 days of year one.  Should a customer wish to cancel a hosting account within the initial 60-day period for any reason, he/she has to notify xod Media via e-mail (payment at xodMedia.com) and the payment will be promptly refunded.

When xod Media builds your website, xod Media will guarantee website programming and functionality in the current version of browser (Internet Explorer, Firefox, Chrome, Safari and Opera) at time of launch.

xod Media does not offer partial or prorated refunds after the initial 60-day money-back guarantee period.

*All domains registered will be subject to a $25.00 annual domain registration fee. Therefore, if the customer purchased a hosting account with a domain, the domain fee will be deducted from the refund amount.  The customer remains the sole owner of the registered domain name, consequently arrangements can be made to transfer its registration to another provider. Accounts terminated due to policy violations will not have fees refunded.

Duration

Initial Term

Hosting:

Hosting holds an initial 12 month minimum commitment. The customer agrees to pay the remaining 12 month commitment once the initial 60-day-money-back guarantee period has past.

Domain:

As domains cannot be registered for less than one year, the customer agrees to pay the 12 month commitment.

xod Media renews accounts automatically when payments are deducted monthly via credit card at the expiration of the term.  The customer is ultimately responsible for renewing the hosting account through one of the options given by xod Media.

Hosting and Domain services will be automatically renewed unless written notification is received and confirmed 60 days prior to anniversary date.

Payment terms

 

Hosting and Domains

Monthly:

Automated recurring on either the 1st or 15th of each month billing on credit card or PayPal.

Annually:

Full year service billing is due on the anniversary date of start of services.

Web Design

On agreement acceptance 50% of quotation is due.  Project design will commence upon receipt of 50% of payment.

Upon completion of website and go live (website is moved from production server to the live domain name website was built for), the remaining 50% will be invoice and due within 30 days.*

* files and control panel access to hosting will not be released until full payment on projects have been received.  Transfer of ownership (hosting, domains, website files, databases, etc) remain with xod Media until paid in full.

Termination of Services

Services will be terminated after 30 days of non payment, and if applicable, xod Media will reassume ownership (hosting, domains, website files, databases, etc).

Payment not received within thirty days of date billed will result in an additional charge of 2% per month compounded (26.82% / year).  Should there any additional costs incurred, for example collection and reasonable legal fees, the customer is also responsible for these and will be invoiced.

Should a customer dispute a setup / renewal charge for any account, xod Media will not re-activate the service, unless the customer covers all fees involved, including the chargeback fee and all other transaction fees.

Non Sufficient Funds

Any non sufficient funds (NSF) are subject to a $50 fee.

Rejected Credit Cards

Rejected credit cards are subject to a reinstatement of $50.

Cancellation Policy

If the customer wishes to cancel a hosting account after the initial first year for any reason, he/she has to notify xod Media via e-mail (payment at xodMedia.com) giving 60 days further notice of cancellation.

Domain Terms and Conditions

xod Media registers customer domains at the CIRA and ICANN-accredited registrar GoDaddy Operating Company, LLC. Therefore, all domains registered through xod Media are a subject of the Domain Registration Agreement of GoDaddy Operating Company, LLC.

If you register domain(s) with xod Media, or transfer an existing domain registration, you hereby agree to the terms of Registration Agreement of GoDaddy Operating Company, LLC.:https://ca.godaddy.com

Hosting Terms and Conditions

Accounts that reach their monthly traffic limit may be a subject of automatic site suspension. Accumulated traffic overages over the monthly limit will be charged additionally in accordance with the terms of the plan (1 GB plan includes 20 GB transfer limit. 100 GB plan includes 1000 GB limit).  Should a site be suspended under this provision, and the hosting account is in good standing, the site will be enabled on the first date of the next month, when the traffic counter is reset. In case of failure to cover fees incurred by traffic over-usage, xod Media reserves the right to take corrective measures such as full suspension of the hosting account. In case xod Media takes corrective measures under this provision, the customer shall not be entitled to a refund of any fees paid in advance.

xod Media will monitor the customer’s disk usage and maintains the right to  take corrective actions on overages.  Corrective measures may include additional charges, assessment or suspension of service.

Programs running in the background are not allowed.

To maintain the integrity of our shared hosting services, we have several special per-user resource limits in place. These include, but are not limited to:

  1. Memory limitations: Customers using shared hosting services will be able to use only a certain portion of the total available memory on the server.
  2. CPU usage limitations: Scripts that take too much real CPU time will be terminated.
  3. Simultaneous script execution limitations: Customers will be able to run only a certain amount of CGI scripts simultaneously. Whenever this limitation is triggered, execution of subsequent CGI script requests via the web will produce an error message.
  4. MySQL disk usage limitations: In cases, in which the integrity of the MySQL service is endangered, the MySQL disk usage of customer accounts may be limited. No limits will be applied to accounts with MySQL disk usage below 3GB.
  5. Number of inodes limitation: The total number of files and folders on a single hosting account shall not exceed 500,000.
  6. MySQL connections limit: Each MySQL user cannot exceed a certain number of connections to the MySQL server.

xod Media reserves the right to alter the above limitations and to place additional limits without prior notice if an account endangers the stability or the performance of the hosting server due to intensive resource usage. The additional limits may include, but are not limited to MySQL, memory and CPU usage limitations, and stopping access to directories.

Each hosting account on xod Media servers is meant to be used for one domain, as well as a number of parked domains, according to the hosting plan. Parked domains are full aliases of the main domain – they display the same site content and share the same mailboxes. Pointing parked domains to subfolders or subdomains on the account through .htaccess files or other means is not allowed.

xod Media reserves the right to refuse hosting for insecure applications. Customers are responsible for keeping their applications up-to-date, checking for security issues with the application vendor, and updating to the latest secure version available. In the event that an insecure application is installed on the hosting account of the customer, xod Media reserves the right to disable access, or, if deemed necessary, to disable the hosting account in its entirety. This measure will be taken for the  exclusive purpose of preventing damage to the customer and to the other customers hosted on the same server, with or (in case of emergency) without prior notice.

xod Media reserves the right to impose restrictions or suspend any services provided to customers, in the event that the operation of these services threatens the overall security and stability of the hosting system, and/or the proper operation of other customers’ accounts/services.

Ownership Rights

Any design files and tools used to create the customer files are the property of xod Media.  Customer will receive the design files in jpg, png, eps format on request.

Privacy

xod Media will never require clients to advertise for or promote xod Media on their websites in any manner whatsoever. Clients are permitted to use their sites for business/commercial or personal websites and content.

xod Media shall never knowingly sell or distribute client information or information collected through their websites.

Customers shall not use xod Media’s network in an attempt to circumvent user authentication or security of any host, network, or account.  xod Media will fully cooperate with investigations of violations of systems or network security. This also includes cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Termination of Services

Services will be terminated immediately without refund if any of the following violations.

  1. a) All services provided by xod Media may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any Canadian, Provincial, or City law; or United States Federal, State, or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, “adult only” content material, or intellectual property or any other property protected by statute. Note: Pornography and sex-related merchandising are prohibited. This includes sexual content or direct links to adult content hosted elsewhere. Sites promoting any illegal activity, violence, or content that may be damaging to our servers or any other server, or links to such sites are also prohibited. Examples of non-acceptable content or links are but not limited to:
    1. Pirated software or copyrighted MP3 files
    2. Hacking Tools • Warez sites
    3. Adult content (in any form)
    4. Spamming Software
    5. Web-based shells
    6. All email spam and unsolicited activity violating the rules or laws of CASL or CAN-SPAM
  2. The customer may not host material that is:
    1. threatening or obscene;
    2. offensive to any person or group. This includes, but is not limited to: prejudice, racism, intolerance, hatred, and harassment; expressions that are by nature libelous, defamatory, and offensive to or disrespectful of ethnic, racial, religious, or other groups;
    3. harmful to minors;
    4. likely to cause damage to reputation of third parties.
    5. Note: Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Any attempt to undermine, slander, libel, threaten or cause harm to xod Media’s customers, employees and property, or to the company directly, are grounds for immediate termination without refund. In addition, any such attempts will be prosecuted to the fullest extent of the law.

xod Media reserves the right at its sole discretion to refuse or cancel service. Violation of any of xod Media’s Terms could result in a warning, suspension, or account termination. Submitting false or fraudulent personal information are also grounds for suspension or termination.

Indemnification

Customer agrees to indemnify, defend and hold harmless xod Media, its subsidiaries and other affiliated companies, its officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions.

Disclaimer

xod Media, at its sole discretion, may change these terms and conditions at any time. By using xod Media’s services, the user agrees that xod Media may: (1) revise these terms and conditions; and (2) change the services provided. Any such revision or change will be binding and effective immediately on posting of the revised terms or change to the service(s) on xod Media’s web site, or on notification to the customer by e-mail. The customer agrees to periodically review xod Media’s web site, including these terms, to get informed of any such revisions. If the customer does not agree with any revision, he/she may terminate the services at any time by notifying xod Media by e-mail or via the support web site (http://www.suresupport.com). Notice of the customer’s termination will be effective on receipt and processing by xod Media. The customer agrees that, by continuing to use xod Media’s services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.

Limited liability

The customer agrees that xod media shall not be liable for any (1) suspension or loss of service(s), including, without limitation, domain name registration services and web hosting services, (2) use of the service(s), including, without limitation domain name registration services and web hosting services, (3) interruption of xod media’s services or interruption of the customer’s business, (4) access delays or access interruptions to xod media’s web site(s) or service(s) or delays or access interruptions the customer experiences in relation to the services offered by xod media; (5) loss or liability resulting from acts of or events beyond xod media’s control (6) data non-delivery, mis-delivery, corruption, destruction or other modification; (7) loss or liability resulting from the unauthorized use or misuse of the customer’s account; or (8) application of the dispute policies. xod Media also will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if xod media has been advised of the possibility of such damages. In no event shall xod media’s maximum aggregate liability exceed the total amount paid by the customer for the disputed service, but in no event greater than one hundred dollars ($100.00). Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, xod media’s liability shall be limited to the maximum extent permitted by law.

General

The parties acknowledge that Ontario, Canada law shall govern and agree to submit to the courts of Ontario, Canada. All actions shall be commenced within one (1) year of the date of cause of action arising.

Last revision: May 27, 2016