Terms of Service

1.0 Generic

1.1 XISN's policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer's access to any or all services provided by us if the account is inappropriately used. All services are intended for end user only and may not be sold or given to third parties.



1.2 XISN is a web presence provider allowing Client's web site to be reachable via Client's domain name (i.e. theirname.com), or by anyone with access to a web browser connected to the Internet. xisn.COM provides the disk space in which the files composing Client's web site reside and a connection capable of transmitting said files to End User.

2.0 Ordering

2.1 Please read the following Terms of Service, AUP and SLA agreement before proceeding. By ordering any package, you agree to all the policies listed. If you do not agree with these policies, you cannot order. These policies are to protect the best interest of our customers as a whole.



2.2 XISN handles the registration process for Client's requested domain name. Client agrees to pay XISN for the domain charges for the amount stated in the hosting plans.

3.0 Charges Agreement

3.1 Client understands that each purchase will appear in credit card statement under the name of Xtreem Internet Solutions Network and that should client encounter any problem with the billing or order client should contact the XISN billing department.



3.2 XISN also uses Paypal as a Credit Card processor. Should a client use more than specified resources; such as web space, data transfer, sub domain, ftp account, mailing list, pop account, mySQL Database; client agrees to pay the bill sent by XISN for the amount listed in the XISN billing center.



3.2.1 If Paypal is selected as payment type then the following policy applies:
Goods and services provided by XISN sold by Paypal.



3.3 XISN reserves the right to refuse, suspend, or cancel service pending XISN's receipt of valid credit card information from Client. Client agrees to notify XISN of any changes to Client's credit card information by updating the credit card on file in the Client Billing Center.



3.4 All payments to XISN are non-refundable this includes one time setup fees and other subsequent charges regardless of usage. If a dispute has been issued by client's credit card company, in XISN and/or Paypal's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay XISN an administration fee of not less than $75 and not more than $200.



3.5 On account of credit card declination or failed subscription payment, XISN will resume to charge the credit card again the next day. Service interruption will occur on accounts that have reached 6 days past due. Service interruptions are subject to $50 reconnection fee. Payments that are not collectable by XISN will be turned over to collection agencies and clients agrees to pay the agency any fees incurred.



3.6 Client agrees to complete the payment for any custom support job provided for non managed dedicated service.



3.7 CLIENT may cancel account with XISN and be removed from billing, thereby stopping all future charges. Should Client decide to cancel the account, notice should be made 10 days before the account is due. Should Client fail to make an advance notice; XISN reserves the right to charge the client for the next payment.

4.0 Indemnification

4.1 Client agrees that he/she will defend, indemnify, and hold harmless XISN from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against XISN, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.



4.2 XISN assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, subcontractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

5.0 Disclaimer

5.1 XISN will not be held responsible for any damages you or your business may suffer.



5.2 XISN makes no warranties of any kind, expressed or implied, for services rendered.



5.3 XISN disclaims any warranty, merchantability, or fitness for a particular purpose.



5.4 XISN assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature or force nature.



5.5 XISN will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from XISN.


5.6 XISN reserves the right to terminate Client's account with or without refund at our discretion.

6.0 Policies Terms

6.1 The term of this Agreement will continue until a notice of cancellation by XISN or Client is given, or until terminated under other provisions of this Agreement. XISN reserves the right to terminate this Agreement without cause upon notification to the Client.



6.2 XISN may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by XISN to implement this Agreement is disrupted or terminated for any reason.

7.0 Presumption of Agreement

7.1 By signing up with XISN, be it using XISN's online sign up form or contacting in any way an employee, officer, agent, and director with request for xisn.COM to provide Client services, Client (1) agrees to complete the payment form sent by XISN in order to setup Client's account, and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.

8.0 Default

8.1 In the event Client defaults in any provision or fails to perform pursuant to this Agreement, XISN will be entitled to damages, costs, and attorney's fees from the Client.

9.0 Invalid or Non-enforceable provisions

9.1 The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.

10.0 Choice of Law/Venue

10.1 This Agreement will be construed and enforced in accordance with the laws of the State of TX and the venue for any action, dispute or proceeding with respect to this Agreement will be TX.

11.0 Captions

11.1 The captions in this Agreement are for convenience only and will not be used in interpreting, construing, performing or enforcing this Agreement.

12.0 Amendments and Modifications

12.1 XISN may make amendments or modifications to this Agreement at any time. Whenever practical, XISN will notify Client of changes to this Agreement.