The use of services from XoomHosting.com (doing business as Wizie) constitutes agreement to these terms. Customer must read, agree with and accept the terms and conditions contained herein. XoomHosting may amend these terms and conditions at any time by posting a revised version on its website.

Technical Support
Company will provide Customer with technical support on setting up and configuring Customer’s account and once time hosting setup at no additional cost. This does not include providing support to any software or applications.

Customer using private servers will have technical support in getting the server up and running and those with dedicated servers will have complete support and management of the servers.

To request tech support Customer must open a support ticket in Help Desk. Customer are obliged to submit provide a full description of the problem including error messages, screen-shots, and other troubleshooting information that may be requested by Company's Technical Support personnel.

The Company's response time to technical support tickets depends on the complexity of the reported issue and current workload of the department. All tickets related to servers' unavailability are processed by the Technical Support personnel at first place upon the notification from customer. Time to respond guarantee does not apply to any inquiries that require extensive research and testing.

Control Panel
Account holders are provided with the Company's online account and management tool, the Control Panel. This tool is designed to give Customer control over Customer account. Customer will use the Control Panel to perform all account routine and management tasks.

If Customer experience difficulty using the Control Panel, Technical Support personnel will familiarize Customer with it. Technical Support shall not be expected to perform for Customer the tasks that can be done through the Control Panel.

Company's services do not include installation of third-party software beyond the standard configuration outlined in Customer plan's description. Requests for modification to the standard configuration will be considered on a case-by-case basis. Approval of such modifications will be at the Company's sole discretion and will be based upon maintaining functionality, usability, security, and stability in the shared server environment.

Network Availability
Company aims to achieve 100% Web Site Availability for all customers. We guarantee 99.9% system uptime.

Maintenance

1. Company will do its best to announce any scheduled maintenance at least 24 hours ahead of time to the customer.
2. Company reserves the right to perform emergency maintenance without any prior notification, should it be deemed necessary to protect and maintain the security and integrity of the Service.

Conditions
Customer shall not receive any credits under this Agreement in connection with any failure or deficiency of Web Site Availability caused by or associated with:

1. circumstances beyond Company's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this Agreement;
2. Failure of access circuits to the Company's Network or it's upstream Companies, unless such failure is caused solely by Company;
3. Scheduled maintenance and emergency maintenance and upgrades;
4. DNS issues outside the direct control of Company;
5. Issues with FTP, POP, IMAP, or SMTP customer access;
6. false SLA breaches reported as a result of outages or errors of any Company's measurement system;
7. customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., PHP, CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Company's Terms of Service and Acceptable Use Policy;
8. e-mail or webmail delivery and transmission;
9. DNS (Domain Name Server) Propagation.
10. Outages elsewhere on the Internet that hinder access to Customer account. Company is not responsible for browser or DNS caching that may make Customer site appear inaccessible when others can still access it. Company will guarantee only those areas considered under the control of Company: Company server links to the Internet, and Company's servers.

Server Software
Company will exercise industry standard practices to ensure that all pre-installed software is correctly configured. In case there is more than one way to configure the software, Company will choose the configuration it determines, in its sole discretion, to be the most appropriate.

Company will install security patches, updates, and service packs as soon as practical. Software updates may change system behavior and functionality and as such may negatively affect Customer applications. Company cannot foresee nor can it be responsible for service disruption or changes in functionality or performance due to implementation of software patches and upgrades. If such disruption or changes occur, Company will provide its best efforts to remedy the situation as soon as possible after being notified of the problem by Customer.

Company may be required by its software licenses to upgrade to the latest versions of the software. Licensor-required upgrades will be performed free of charge and upon reasonable notice to Customer. Software upgrades on Company's servers will occur at Company's discretion upon reasonable notice to Customer.

Company is not responsible for problems that may arise from incompatibilities between new versions of the software and Customer content, regardless of whether it was a requested, required or discretionary upgrade. Nevertheless, Company will provide its best efforts to help Customer to find a workaround.

Log processing (web reporting) software is provided on an "as is" basis. Company will not be held responsible for bugs in the software or for interpreting the reports generated by the software. Company, in its sole discretion, can upgrade the software to newer versions or replace it with different software upon providing a reasonable notice to Customer. Company cannot foresee nor will it be responsible for any incompatibility of newer versions and other software Customer may choose use in conjunction with the log processing software.

Storage Capacity; Data Transfer; Server Resources
Each account is allotted storage capacity and data transfer amounts on Company's servers according to the plan and options selected by Customer. This storage size and data transfer allotments can be increased through the Control Panel for an additional charge up to the maximum amount allowed for each plan or service. The servers may stop accepting, processing, or delivering data when the purchased limit is reached thus causing server unavailability or data loss. Company shall not be held responsible for such unavailability or data losses.

Customer Web and FTP servers are configured to log all requests to the log files. The normal retention period is two (2) months. The log files are stored within Customer domains allotted space and are counted towards Customer account's allotted storage capacity.

Shared servers resources are shared among all accounts hosted on the same server. Company configures servers in such a way so the accounts are separated from each other to the maximum possible degree.

Ownership of Data
All data created by Customer and/or stored by Customer within Company's applications and servers are considered by Company to be Customer property and is for Customer exclusive use unless access is permitted by Customer. Company shall allow access to such data by authorized Company personnel and shall provide access in compliance with Company's Privacy Policy. Company makes no claim of ownership of any web server content, email content, or any other type of data contained within the account holder's server space and applications on Company's servers, unless Company has a good faith belief that such content or data is owned by Company, its agents, affiliates or vendors.

Data Retention
Company shall not be responsible for retaining any of customer data after account termination. All data is deleted from the servers after the account is terminated and from back-ups during scheduled back-up rotation. Company shall not restore, provide on any storage media or send out any data pertaining to existing or terminated accounts.

Back up and Disaster Recovery:
Company’s back-end servers are located in Southfield, Michigan USA.
The data centre facilities are provided by 123.net which provides 24/7 network monitoring, redundant power supply and fire suppression systems, sophisticated climate control, and a redundant Internet backbone infrastructure.
Domain name services for XoomHosting are hosted by Dynamic Network Services Inc., a leading provider of DNS and domain services, allowing critical hostname management independent of the 123.net network.

Our data center is provisioned to handle all data traffic, thereby maintaining a greater than ninety-nine percent (99%) System Uptime in the event of a catastrophic disaster at the location.

Load balancing, automated backups, and data mirroring across multiple servers and across data centers ensures data integrity and availability in the event of unplanned hardware, software, or network failure.

Company reserves the right to change the aforementioned network/technology partners without notice to the Subscriber.
Customer shall solely be responsible for testing the Link to ensure that it operates properly. It will solely be the responsibility of the customer to check at the time of taking any services from the company that they are operating properly and are as per his satisfaction.

Link to Third-Party Websites
 This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by XoomHosting. XoomHosting assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, XoomHosting does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release XoomHosting from any and all liability arising from your use of any third-party website. Accordingly, XoomHosting encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

Disclaimer of Representation and Warranties
You specifically acknowledge and agree that your use of this site and the services found at this site shall be at your own risk and that this site and the services found at this site are provided “as is”, “as available” and “with all faults”. Xoomhosting, its officers, directors, employees, and agents 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. Xoomhosting, 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 or otherwise) to this site, and/or (iii) the services found at this site or any sites linked (through hyperlinks or otherwise) to this site, and xoomhosting assumes no liability or responsibility for the same.

In addition, you specifically acknowledge and agree that no oral or written information or advice provided by xoomhosting, its officers, directors, employees, or agents (including without limitation its sales or customer service representatives) 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 the services found at this site.

Governing Law
All services provided by XoomHosting may only be used for lawful purposes. This Agreement shall be governed by and construed in accordance with the Laws of the State.

Terms and Termination
Company reserves the right to cancel the service at any time. In case “Web Hosting” customers will not be entitled to a pro rata refund based upon the remaining period of membership. But in case of “Server Hosting” customer will be entitled to a refund only if customer remains the customer of the company for a minimum period of 6 months. If the customer violates company’s terms of service, a refund will not be issued in the event of a cancellation.

Company reserves the right to refuse service and /or access to its servers to anyone. Company does not allow any of the following content to be stored on its servers.

Illegal Material - Including copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.

Miscellaneous content - Including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc. and encrypting of any of the above. Also includes any sites providing "links to" or "how to" information about such material.

Company shall not be responsible for any loss of business or other damages resulting from occasional “down-time” or other technical problems related to the host server, whether caused by the web hosting company or by broader Internet problems beyond our control.

Intellectual/Proprietary Rights
XoomHosting is designed and developed by Wizie and constitutes the proprietary, intellectual and confidential information of Wizie.
XoomHosting shall be solely the property of Wizie. The customer has no proprietary right on any product of Wizie.

Titles and Headings; Independent Covenants; Severability
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

Limited Liability
In no event shall xoomhosting or customer be liable or obligated under any section of this agreement or under contract, negligence, strict liability or other legal or equitable theory for (i) any indirect, special, incidental or consequential damages, lost profits or lost or corrupted data or interrupted use (ii) cost of procurement of substitute goods, technology or services. In no event will the total aggregate liability of either party for any claims, losses, or damages arising under this agreement, whether in contract or tort, including negligence, exceed the total amount paid by each party to the other party during the twelve (12) month period preceding the date of the claim giving rise to the action.

Fees and Payments
You agree to pay any and all prices and fees due for Services purchased at this Site at the time you order the Services.  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. XoomHosting 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 and effective immediately without need for further notice to you.

If for any reason XoomHosting is unable to charge your Payment Method for the full amount owed for the Services provided, or if XoomHosting is charged a penalty for any fee it previously charged to your Payment Method, you agree that XoomHosting may pursue all available lawful remedies in order to obtain payment. If you pay by credit card and if for any reason XoomHosting is unable to charge your credit card with the full amount owed for the Services provided, or if XoomHosting is charged back for any fee it previously charged to the credit card you provided, you agree that XoomHosting may pursue all available lawful remedies in order to obtain payment. You agree that the remedies XoomHosting may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf. XoomHosting reserves the right to charge you reasonable “administrative fees” or “processing fees” for (a) tasks XoomHosting may perform outside the normal scope of its Services, (b) additional time and/or costs XoomHosting may incur in providing its Services, and/or (c) your noncompliance with this Agreement (as determined by XoomHosting in its sole and absolute discretion). Typical scenarios include, but are not limited to, customer service issues that require additional personal time or attention, fees incurred by third-party payment providers, fees incurred as the result of chargeback or other payment disputes brought by you, your bank, or a Payment Method processor, and disputes that require accounting or legal services. These administrative fees or processing fees will be billed to the Payment Method you have on file with XoomHosting.

Contacting Us:

If you have any questions about our Privacy Policy, or if you want to know what information we have collected about you, please email us at "sales@xoomhosting.com". You can also correct any factual errors in that information or require us to remove your details from any list under our control. You can also email us at "sales@xoomHosting.com".