Terms and Conditions
1. Acceptance of this document
By ordering or using services and/or products provided by Host X7 you agree to be bound by the terms and conditions found in this agreement, and you agree that the most recent revision of this document will be the complete and only agreement between you and Host X7. You acknowledge that Host X7 has the right and modify this document at any time without notice to you and that upon your continued use of Host X7 services and/or products you ratify all changes made to the terms and conditions. Host X7's failure to enforce any part of this agreement shall not constitute a waiver of that or any other right or provision. You certify that you are at least 18 years of age and have a legal right to enter binding contracts.
2. Services provided by Host X7
Host X7 agrees to provide chatroom software, server hardware and software, and technical support to you. Host X7 offers several different packages, which consist of varying amounts of the above resources. Host X7 reserves the right to modify these packages in any way, and to determine whether and when any such changes apply to both existing and future customers.
3. Payment for services
Host X7 may charge reoccurring or one-time fees for its services. Host X7 reserves the right to change these fees without notice to you. If you do not agree to abide by a change to fees related to services which you are currently paying for then Host X7 will discontinue your service. Any payment of a new fee constitutes agreement to the modified fee and future failure to pay will be considered a violation of this agreement.
All services fees and other monetary payments must be made in U.S. Dollars. By completing a purchase you you authorize Host X7 to charge the credit card, debit card or account that you provide to Host X7 for payment. Additionally, you authorize Host X7 to charge you for any and all subsequent periodic fees, at the current fee rate, for the amount of all other fees and charges as they become payable according to this Agreement. Service and product fees and all other fees and charges that become due during any renewal period will be charged according to your previous payment method. All payments are deemed authorized by you and will be assessed in real time.
Host X7 may, in its sole and exclusive discretion, immediately suspend or terminate your services without notice to you if you fail to provide valid payment information or authorization or fail to pay for any products and/or services when due.
4. Termination of this agreement
Host X7's services are provided on a month-to-month basis where "One Month" is equal to 2,629,743 (two million six hundred twenty nine thousand seven hundred forty three) seconds plus or minus 7,200 (seven thousand two hundred) seconds. Each payment of the appropriate ammount to Host X7 renews this agreement for an additional one month. This month is added to the end of the current length of the agreement. Several resources provided by Host X7 are quoted on a monthly basis, such as User-Hours per Month. Unless specifically stated, unused resources will not carry over to the next month.
Any breach of this agreement will result in immediate suspension or termination of services provided to you. Host X7 may, in its sole and exclusive discretion, decide whether you are in violation of this agreement without notice to you.
Host X7 will not refund or credit any balance remaining should this agreement be terminated. Termination of this agreement will not terminate any outstanding fees and they must be payed in full.
Host X7 reserves the right to cancel products or services at any time. In the event that a product or service used by you is canceled you will be given a minimum of one week of notice and given the option to switch to a different product or service. Upon termination of a product or service all installations of that product or service must cease to operate.
5. Acceptable Use Policy
You agree that it is not Host X7's responsibility to monitor the content of chatrooms to ensure compliance with this policy. You are responsible for ensuring that all content in your chatroom complies with this agreement. Failure to adhere by this policy will result in an immediate breach of this agreement. You agree that Host X7 will have no liability to you or any of your chatroom users due to any action that Host X7 may take as a result of a breach of this agreement.
You warrant that your content and/or content posted by users of your chatroom does not violate or infringe on any copyright, trademark, patent or intellectual or other proprietary property right of any third party, or of Host X7, or contain any obscene or libelous material or otherwise violate any law or regulation. You hereby take all responsibility for all material posted on your chatroom and agree that any and all consquences of the posting of that content will be suffered soley by you.
Third Party Providers provide network, hardware and software solutions which are used by Host X7 to provide its services. Your use of Host X7's services are subject to the respective permission and usage policies of any and all third party providers.
It is your responsibility to keep your personal information up to date and accurate. Failure to maintain accurate records will be considered a breach of this agreement. Futhermore, you are required to establish, maintain and abide by a privacy policy governing any information collected Host X7 or you and used by you from users of a chatroom hosted by Host X7 and owned by you. This policy must be published in a place where individuals providing information to you through services provided by Host X7 will be required to read and agree to it prior to providing you with information. Additionally, it must contain a link to this privacy policy and explain that by using the chatroom the user must also agree to abide by the terms and conditions set fourth in the Host X7 Terms & Conditions and the Host X7 privacy policy. Some of the information collected in chatrooms hosted by Host X7 is available to chatroom owner; this privacy policy does not apply to the use of that information by chatroom owner. Host X7 cannot be held liable for any damages arising from use of information collected by Host X7 and used by the chatroom owner.
6. Branding
Some Host X7 service levels and products require that a small text link pointing back to Host X7 be visible at all times on that product or service. In many cases it is possible for you to remove, hide, disable or other prevent this brand from showing. Removal or obstruction of this brand is a violation of this agreement and Host X7 reserves the right to instantly terminate your account if you fail to legibly display the brand when required.
7. Encryption
Host X7 provides SSL encryption for certain products and services in the hope that it will increase security, but, as with all Host X7 products and services, this encryption is provided "as is" and comes without any warranty of any kind. Only the communications between the server and web browser are encrypted; messages are stored in plain text on the server. SSL encryption should, but is not guaranteed to, protect server-client communications from anyone who may be sniffing network packets passing between Host X7 servers and the user's computer.
8. Exclusion of Warranty
ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, including but not limited, to an implied warranty of merchantability, or fitness for a particular purpose. You agree that use of services and/or products provided by Host X7 is entirely at your sole risk.
In accordance with the above statement, Host X7 cannot be held responsible for any loss or corruption of data, errors, delays, interuption of service, misdelivery of information, etc. even if caused by negligence of Host X7 or Host X7 representatives.
9. Limitation of liability
Host X7, its owners, employees, affiliates, contractors and anyone connected with providing Host X7's services and/or products cannot be held liable for any damages arising from use of Host X7 services and/or products. Your only remedy shall be discontinuation of your use of Host X7 services and/or products. In countries, states and jurisdictions in which liability for damages cannot be excluded you are not permitted to use Host X7 services and/or products.
The total liability of Host X7 to you and any users of your chatroom for any and all claims shall be limited to the total amount paid to Host X7 by you during the six months immediatly preceding a claim. In cases where you breach this agreement the total liability of Host X7 will be limited to the total amount paid to Host X7 by you during the one month immediatly preceding a claim.
10. Indemnification of Host X7
You and users of your chatroom agreement to indemnify and hold Host X7 harmless from all third party claims, suits, actions, judgements, damages, attorney's fees and expenses that may be incured through a breach or alleged breach of this agreement.
Additionally, you agree that Host X7 will not be held liable for any content posted on your chatroom, whether this content is posted by you or not. You take full responsibility for all content posted on your chatroom and will hold Host X7 harmless from all third party claims, suits, actions, judgements, damages, attorney's fees and expenses that may be incured as a result of content posted on your chatroom.
Questions, Comments and Concerns
Questions, comments and concerns regarding the Privacy Policy or this Terms of Service can be sent via the Contact Form.
By ordering or using services and/or products provided by Host X7 you agree to be bound by the terms and conditions found in this agreement, and you agree that the most recent revision of this document will be the complete and only agreement between you and Host X7. You acknowledge that Host X7 has the right and modify this document at any time without notice to you and that upon your continued use of Host X7 services and/or products you ratify all changes made to the terms and conditions. Host X7's failure to enforce any part of this agreement shall not constitute a waiver of that or any other right or provision. You certify that you are at least 18 years of age and have a legal right to enter binding contracts.
2. Services provided by Host X7
Host X7 agrees to provide chatroom software, server hardware and software, and technical support to you. Host X7 offers several different packages, which consist of varying amounts of the above resources. Host X7 reserves the right to modify these packages in any way, and to determine whether and when any such changes apply to both existing and future customers.
3. Payment for services
Host X7 may charge reoccurring or one-time fees for its services. Host X7 reserves the right to change these fees without notice to you. If you do not agree to abide by a change to fees related to services which you are currently paying for then Host X7 will discontinue your service. Any payment of a new fee constitutes agreement to the modified fee and future failure to pay will be considered a violation of this agreement.
All services fees and other monetary payments must be made in U.S. Dollars. By completing a purchase you you authorize Host X7 to charge the credit card, debit card or account that you provide to Host X7 for payment. Additionally, you authorize Host X7 to charge you for any and all subsequent periodic fees, at the current fee rate, for the amount of all other fees and charges as they become payable according to this Agreement. Service and product fees and all other fees and charges that become due during any renewal period will be charged according to your previous payment method. All payments are deemed authorized by you and will be assessed in real time.
Host X7 may, in its sole and exclusive discretion, immediately suspend or terminate your services without notice to you if you fail to provide valid payment information or authorization or fail to pay for any products and/or services when due.
4. Termination of this agreement
Host X7's services are provided on a month-to-month basis where "One Month" is equal to 2,629,743 (two million six hundred twenty nine thousand seven hundred forty three) seconds plus or minus 7,200 (seven thousand two hundred) seconds. Each payment of the appropriate ammount to Host X7 renews this agreement for an additional one month. This month is added to the end of the current length of the agreement. Several resources provided by Host X7 are quoted on a monthly basis, such as User-Hours per Month. Unless specifically stated, unused resources will not carry over to the next month.
Any breach of this agreement will result in immediate suspension or termination of services provided to you. Host X7 may, in its sole and exclusive discretion, decide whether you are in violation of this agreement without notice to you.
Host X7 will not refund or credit any balance remaining should this agreement be terminated. Termination of this agreement will not terminate any outstanding fees and they must be payed in full.
Host X7 reserves the right to cancel products or services at any time. In the event that a product or service used by you is canceled you will be given a minimum of one week of notice and given the option to switch to a different product or service. Upon termination of a product or service all installations of that product or service must cease to operate.
5. Acceptable Use Policy
You agree that it is not Host X7's responsibility to monitor the content of chatrooms to ensure compliance with this policy. You are responsible for ensuring that all content in your chatroom complies with this agreement. Failure to adhere by this policy will result in an immediate breach of this agreement. You agree that Host X7 will have no liability to you or any of your chatroom users due to any action that Host X7 may take as a result of a breach of this agreement.
You warrant that your content and/or content posted by users of your chatroom does not violate or infringe on any copyright, trademark, patent or intellectual or other proprietary property right of any third party, or of Host X7, or contain any obscene or libelous material or otherwise violate any law or regulation. You hereby take all responsibility for all material posted on your chatroom and agree that any and all consquences of the posting of that content will be suffered soley by you.
Third Party Providers provide network, hardware and software solutions which are used by Host X7 to provide its services. Your use of Host X7's services are subject to the respective permission and usage policies of any and all third party providers.
It is your responsibility to keep your personal information up to date and accurate. Failure to maintain accurate records will be considered a breach of this agreement. Futhermore, you are required to establish, maintain and abide by a privacy policy governing any information collected Host X7 or you and used by you from users of a chatroom hosted by Host X7 and owned by you. This policy must be published in a place where individuals providing information to you through services provided by Host X7 will be required to read and agree to it prior to providing you with information. Additionally, it must contain a link to this privacy policy and explain that by using the chatroom the user must also agree to abide by the terms and conditions set fourth in the Host X7 Terms & Conditions and the Host X7 privacy policy. Some of the information collected in chatrooms hosted by Host X7 is available to chatroom owner; this privacy policy does not apply to the use of that information by chatroom owner. Host X7 cannot be held liable for any damages arising from use of information collected by Host X7 and used by the chatroom owner.
6. Branding
Some Host X7 service levels and products require that a small text link pointing back to Host X7 be visible at all times on that product or service. In many cases it is possible for you to remove, hide, disable or other prevent this brand from showing. Removal or obstruction of this brand is a violation of this agreement and Host X7 reserves the right to instantly terminate your account if you fail to legibly display the brand when required.
7. Encryption
Host X7 provides SSL encryption for certain products and services in the hope that it will increase security, but, as with all Host X7 products and services, this encryption is provided "as is" and comes without any warranty of any kind. Only the communications between the server and web browser are encrypted; messages are stored in plain text on the server. SSL encryption should, but is not guaranteed to, protect server-client communications from anyone who may be sniffing network packets passing between Host X7 servers and the user's computer.
8. Exclusion of Warranty
ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, including but not limited, to an implied warranty of merchantability, or fitness for a particular purpose. You agree that use of services and/or products provided by Host X7 is entirely at your sole risk.
In accordance with the above statement, Host X7 cannot be held responsible for any loss or corruption of data, errors, delays, interuption of service, misdelivery of information, etc. even if caused by negligence of Host X7 or Host X7 representatives.
9. Limitation of liability
Host X7, its owners, employees, affiliates, contractors and anyone connected with providing Host X7's services and/or products cannot be held liable for any damages arising from use of Host X7 services and/or products. Your only remedy shall be discontinuation of your use of Host X7 services and/or products. In countries, states and jurisdictions in which liability for damages cannot be excluded you are not permitted to use Host X7 services and/or products.
The total liability of Host X7 to you and any users of your chatroom for any and all claims shall be limited to the total amount paid to Host X7 by you during the six months immediatly preceding a claim. In cases where you breach this agreement the total liability of Host X7 will be limited to the total amount paid to Host X7 by you during the one month immediatly preceding a claim.
10. Indemnification of Host X7
You and users of your chatroom agreement to indemnify and hold Host X7 harmless from all third party claims, suits, actions, judgements, damages, attorney's fees and expenses that may be incured through a breach or alleged breach of this agreement.
Additionally, you agree that Host X7 will not be held liable for any content posted on your chatroom, whether this content is posted by you or not. You take full responsibility for all content posted on your chatroom and will hold Host X7 harmless from all third party claims, suits, actions, judgements, damages, attorney's fees and expenses that may be incured as a result of content posted on your chatroom.
Questions, Comments and Concerns
Questions, comments and concerns regarding the Privacy Policy or this Terms of Service can be sent via the Contact Form.