Terms and Conditions

XM Hosting - Terms of Service

A Violation of any of the below Terms of Service will result in action by XM Hosting up to and possibly including the termination of your account, with or without warning.

XM Hosting is a private service which provides free web hosting. XM Hosting reserves the right to cancel any account for any reason or no reason at all. XM Hosting provides web hosting to any site that abides to our terms and conditions. XM Hosting reserves the right to change the terms and conditions at any time. XM Hosting users are entirely liable for all activities conducted through your account.

The following rules apply while using XM Hosting services:

1. Pornographic, obscene, nude, graphically violent, and other inappropriate
content is strictly prohibited.

2. Offensive and indecent directory names are not allowed and will be blocked.

3. XM Hosting is not responsible for the content of any member homepages. We reserve the right to remove any homepages that are in violation of our terms and conditions. Members will be held legally responsible for the contents of their web pages including but not limited to use of copyrighted material without the permission of the author or posting material considered indecent for minors. The use of XM Hosting Homepages for illegal purposes is strictly forbidden and any homepage found to be or believed to be, in XM Hosting sole discretion, violating the law may be removed without notice. XM Hosting membership will be revoked if any of the following activities occur:

    o Adult or Pornographic related

    o Hate, Bigotry, and/or Intolerance

    o Warez or Software Piracy related

    o Music Piracy Related

    o Hacking Related

    o Making available copyrighted software which has been "cracked" (e.g.,
    copyright protection for the software has been removed)

    o Making available serial numbers for software which can be used to illegally
    validate or register software.

    o Making available tools which can be used for no purpose other than "cracking"
    software.

    o Spamming to promote your website

    o Anything related to illegal activity

We do not allow any type of programs, software, or MP3 files on our server unless you are the full owner and have all rights to the file. The list of allowed extensions can be found inside your member area, all other extensions not listed there aren't allowed. We reserve the right to add or remove any extensions from our allowed list without prior notices. Copyrighted files not belonging to users posting those files may be deleted without notice!

4. The same terms applies to our web mail hosting service, XM Hosting is not responsible for losses caused by unauthorized access / technical problems. Make sure to keep your web mail password in a safe place.

5. XM Hosting is not responsible for content backup, DO regular back up of your own site and email messages. We do make regular backups of our whole system, however, we cannot guarantee data loss won't occur.

6. You and any person who has access to your account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. XM Hosting reserves the right to remove Content which is deemed in XM Hosting sole discretion harmful, offensive, or otherwise in violation of the Rules or any rules or policies XM Hosting has in place at the time.

7. You or XM Hosting may terminate your Account at any time for any reason. To
do so, please contact XM Hosting.

8. THE XM HOSTING SERVICE IS PROVIDED TO YOU AS IS AND AS AVAILABLE WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XM HOSTING DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THE IMPLIED CONDITION OF SATISFACTORY QUALITY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY INFORMATION OR CONTENT ON THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.

9. XM Hosting will not be liable for any of its services. We have the right to cancel our service at any time, and we will not be liable for any files that are lost and/or corrupted which may occur (including, for example, from a system crash, security breach, or hard disk failure). To the full extent permissible under the applicable law, XM Hosting shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use XM Hosting services. You agree, at your own expense, to indemnify, defend and hold harmless XM Hosting and its affiliates, officers, directors, employees, consultants, agents, suppliers and licensors from and against any and all third party claims, liability, damages, losses and/or costs (including but not limited to reasonable attorneys’ fees) arising from or relating to: (a) your failure to comply with these terms of use; (b) your infringement or violation of any intellectual property or other right of a thirdparty; or (c) your violation of any applicable law.

10. All default members are required to have the XM Hosting advertising on their website. Our advertising may change as we see fit. We may use a small footer/header with text ads, or banner, etc. We strive to keep our advertising small so it can comfortably fit any and all pages. If you have questions or inquiries regarding advertisements, please contact us.

11. These terms of use shall be governed by and construed in accordance with the laws of Cologne, Germany. Both parties submit to the personal jurisdiction in Cologne, Germany.

These Terms of Use constitute the entire agreement between you and XM Hosting with respect to the Service. You acknowledge and agree that you have read and understand the provisions of these terms of use. By using this site, you consent to the terms of use described herein, including any updates. XM Hosting reserves the right to vary these terms of use from time to time. When a change is made to these terms, a notice will be posted in our news area and you will be asked whether you agree with the new changes or not. Should you disagree with the new changes, your account will be terminated. In case of you disagree you must contact us in a safe way and notice us about this. If you dont disagree within 7 days after change of TOS, the new TOS will be valid for you.