By signing up for, or using the XM Digital, Inc. Services, you (HEREINAFTER REFERRED TO AS "YOU” OR “CLIENT” OR "CUSTOMER") must read, agree with and accept all of the terms and conditions contained or expressly referenced all legal documents, including XM Digital's TERMS OF SERVICE ("TOS"), Acceptable Use Policy (“AUP”), Hosting Service Agreement ("HSA"), and Privacy Policy, Service Level Agreement ("SLA") and Accessibility Statement, collectively (hereinafter referred to as "Terms"). The following Terms shall apply to all purchases and use of XM Digital, Inc. (hereinafter referred to as “XMDigital.com” or “XM Digital” or "Company" or "XM Digital, Inc.") as further defined below.

Hosting Service Agreement ("HSA")

Updated 03/28/2020

Description of Website Hosting Services

  • XMDigital.com provides a month-to-month subscription service that combines website development and hosting along with a variety of marketing solutions for home services businesses.
  • All website plans include month-to-month hosting of the website on XMDigital.com owned servers referred to as, “Website Hosting Services”).
  • Subject to the terms and conditions of this Agreement (which includes this and all other applicable Schedules) and during the term of this Agreement, XMDigital.com agrees to provide to you the Website Hosting Services you purchase during the sign-up process.
  • XMDigital.com reserves the right to amend its Website Hosting Services offerings and to add, delete, suspend or modify the terms and conditions of the Website Hosting Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.
  • XM Digital provides fully managed WordPress hosting services. This means that the Client shall not have FTP/SSH or remote access to the server of any kind. The service is fully managed and WordPress administrative access may be obtained with limited web page publishing permissions.

Prohibited Activities

While we believe in the free and open exchange of ideas, there are some activities that are incompatible with XM Digital’s mission to make web publishing better for everyone.

The following activities are prohibited:

  • Child exploitation: You may not offer goods or services, or post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
  • Harassment, bullying, defamation and threats: You may not offer goods or services, or post or upload Materials, that harass, bully, defame or threaten a specific individual.
  • Hateful content: You may not use the Services to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discriminatory intolerance. You may not use the Services to promote or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.
  • Illegal activities: You may not offer goods or services, or post or upload Materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which you operate or do business.
  • Intellectual property: You may not offer goods or services, or post or upload Materials, that infringe on the copyright or trademarks of others.
  • Malicious and deceptive practices: You may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of XM Digital or others, including XM Digital’s third party providers. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.
  • Personal and confidential information: You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
  • Restricted Items: You may not offer goods or services that are, or appear to be, Restricted Items.
  • Self-harm: You may not offer goods or services, or post or upload Materials, that promote self-harm.
  • Spam: You may not use the Services to transmit unsolicited commercial electronic messages.
  • Terrorist organizations: You may not offer goods or services, or post or upload Materials, that imply or promote support or funding of, or membership in, a terrorist organization.
  • Remote Access: XM Digital provides fully managed WordPress hosting services. This means that the Client shall not have FTP/SSH or remote access to the server of any kind. The service is fully managed and WordPress administrative access may be obtained with limited web page publishing permissions.

We may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Services if you engage in activities that violate the letter or spirit of this TOS, including activities outside of your use of the Services.

Ownership of Your Content.

  • As between Customer and XMDigital.com, all Content provided by Customer to XMDigital.com or content created by XMDigital.com for inclusion to the Website shall remain the sole and exclusive property of Customer. Customer acknowledges that all Content is owned by Customer or that Customer has a legal right to such Content and that such Content and the use thereof does not violate the XMDigital.com Acceptable Use Policy (AUP) in any way. Customer is responsible for any and all claims related to the Content.
  • XM Digital Footer - Customer hereby agrees that the text and image footer link “Site by XM Digital” will appear on the completed site. Customer may choose to exclude or permanently remove the footer from its website, subject to an additional one-time payment to XM Digital in the amount of $759.00 USD.

Backups & Security

  • Ownership: The website is yours to keep after 3 monthly payments have been received.
  • Backups: Although we do provide backup services and archive them for 3 days, it is your responsibility to download backups of the published website that is available after the 3rd month of service on a monthly basis. We will send you a link automatically once a week. You can never have enough backups and we encourage you to download your backups.
  • Loss of Data: XM Digital is not responsible for the loss of data and in all cases we highly recommend you download and safeguard your backups.

Automatic WordPress Updates

  1. To keep the XM Digital WordPress servers as secure as possible, all WordPress hosting accounts will have automatic updates enabled by default. It is imperative that WordPress installations and all associated themes and plugins stay up-to-date to avoid any potential security shortcomings with WordPress’s many themes and plugins.
  2. XM Digital shall only use plugins and themes managed and supported by XM Digital.

Automatic Malware Scan and Removal

  1. XM Digital uses malware scanners to actively scan any and all files uploaded to the WordPress servers. In the event that malware is detected, the file(s) will automatically be removed from your account and placed in a quarantine area that is only accessible by the XM Digital server administrators. These files are stored for 24 hours before being automatically removed.
  2. This system is entirely automated. Although rare, there are certain cases in which the scan will falsely flag files as malware. If you believe a file you uploaded was falsely flagged as malware, you must contact XM Digital immediately to investigate further. Failure to do so will result in the file being removed, at which point it will be unrecoverable.
  3. XM Digital is not responsible for any files that are automatically removed from your account due to the malware scanners, or for any website malfunctions or downtime caused by the removal of these files.
  4. WordPress is particularly vulnerable to malware due to the vast number of plugins and themes available and we do everything we can to keep your website secured as a managed service.

Website Ownership

After 3 (Three) monthly payments have been made by the Client to XMDigital.com, the client shall own the website.

After Month 3 of paid Services, XMDigital.com shall send the Customer monthly back-ups available to download.

Data Transfer Overage Charges

Example: 50GB of bandwidth should support 25,000 visits per month, this is more than enough for most home services businesses.

  • Allotted bandwidth per month: 50GB.
  • Local Storage 10GB
  • You agree that you will not exceed the data transfer (bandwidth) or storage space limits.
  • You agree that if you do exceed either of such limits, XMDigital.com, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, assessment of additional fees and/or suspension and/or termination of your Website Hosting Services.
  • You agree that XMDigital.com will have no liability to you or any of your end-users due to any corrective action that XMDigital.com may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action.
  • Excess bandwidth usage cannot be purchased by you in advance.
  • If you exceed your data transfer limit in the last 24 hours of any given month, XMDigital.com will not charge you additional fees so long as the data transfer overage does not exceed 50GB.

Hosting Service Availability Guarantee.

We guarantee that your Hosting Services will be up and accessible ("Available") 99.9% of the time except for interruptions caused by the following:

  • errors caused by you from custom scripting or coding;
  • any interruption caused by third party software installed by you;
  • Internet frailties;
  • periodic scheduled maintenance or repairs that XMDigital.com may undertake from time to time; and
  • causes beyond the control of XMDigital.com or that are not reasonably foreseeable by XMDigital.com.

If your Website Hosting Services are not Available 99.9% of the time, your sole and exclusive remedy will be a credit for Hosting Services as specified in this Section. If during any month your Website Hosting Services are not available for a total number of hours you will receive a credit as follows:

  • $3 per hour up to 100% of your total monthly hosting fees.

At no point will a refund exceed total monthly hosting fees paid to XMDigital.com in any given month. The credit may be used by you only for the renewal of your Website Hosting Services, and is exclusive of any applicable taxes. Each uptime calculation is measured by the uptime for the entire customer base across all hosting systems for XMDigital.com. Determination of any service outages shall be solely with XMDigital.com
XMDigital.com proactively monitors infrastructure uptime through proprietary and/or other licensed commercial systems. The results of these monitoring systems shall provide the sole and exclusive determination of your service uptime. Scheduled maintenance to XMDigital.com systems is excluded from the calculation of the uptime as well as events causing downtime that are outside of the control of XMDigital.com or are caused by third parties.

Disclaimer:

XM DIGITAL RESERVES THE RIGHT TO AMEND ANY PORTION OF THE TERMS WITH OR WITHOUT NOTICE. IT IS THE CUSTOMER'S RESPONSIBILITY TO REVIEW ALL XM DIGITAL'S TERMS FREQUENTLY TO ENSURE COMPLIANCE. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SITE. YOUR USE OF OUR SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR USE OF THE SITE AND SERVICES.

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