Terms of Service
Please read the “Terms of Service” for the complete picture of your legal requirements. By using XM Digital or any XM Digital services, you are agreeing to these terms. Be sure to occasionally check back for updates
XML Digital offers Marketing & Adverting Services covered under a Service Level Agreement. Please contact us for more information. The below applies to all Hosted Customers.
For Customers on an SLA, Please reference your signed Service Level Agreement for additional information that will outline your tailored services provided by XM Digital.
- Hosted Customer: Means any customer that has a website hosted on our servers utilizing our Hosted Services.
- Hosting Services: Means the services provided for your website or webpage to be viewed in the Internet.
- Client: A person, persons, business or organization using any of the services provided by XM Digital including Hosted Customers
- Service Level Agreement (SLA): A contract between XML Digital and Hosted Customer that defines the level of service expected from XML Digital.
- Help Desk Support System: Our help desk support system is a ticketing software system which helps with efficient problem resolution benefiting our customer and our company. Ticketing software helps prioritize more important tasks so workers get to fixing urgent issues first. As a Hosted Customer, all you need to do is send all support requests to support[at]xmdigital.com.
You must be 18 years or older to use our Services.
You acknowledge that XM Digital will use the email address you provide as the primary method for communication.
You are responsible for keeping your passwords secure. XM Digital cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”) that your have provided or uploaded.
A breach or violation of any term in the Terms of Service, as determined in the sole discretion of XM Digital will result in an immediate termination of your services.
Technical support is only provided to paying Account holders and contacts they have provided.
Support is available Monday through Friday 9 a.m. – 6 p.m. E.S.T.
XM Digital may not be available to answer our Hosted Customer’s calls immediately and may require scheduling a conference call to discuss your needs as we often have multiple projects in progress simultaneously.
To insure a timely response, all Hosted Customer’s to-do’s, tasks, or support requests should strictly be sent to the Help Desk Support System as we cannot guarantee that emails sent to our team individually will be responded to appropriately.
All calls made to our office are monitored and recorded.
We will acknowledge all email support tickets within 2 working days unless otherwise stated in your SLA.
Although we may point you in the right direction, It is not our responsibility to provide support for email, or domain registrations as it is out of our realm of services.
The Hosted Customer shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Hosted Customer is paying for the installation, configuration and customization. Open Source Software is not owned by XM Digital nor the Client.
XM Digital shall place a small text link(s) on the footer of a Hosted Customer website that simply states the website is serviced by XM Digital and links to our company website. Client agrees that said text link(s) will remain visible on the site for as long as its current design, maintenance or marketing work is or has been performed by XM Digital.
Late Fees: Hosted Customer shall agree to pay a late fee of 5% to all invoices paid 10 days past the due date, with a subsequent late fee of 5% of the total outstanding balance for each additional day unless otherwise stated in your SLA.
DISCLAIMER OF WARRANTIES: HOSTED CUSTOMER ACKNOWLEDGES THAT CERTAIN SOFTWARE USED BY INTERNET USERS MAY NOT BE CAPABLE OF SUPPORTING CERTAIN FEATURES OR FUNCTIONALITY WHICH MAY BE INCLUDED IN SERVICES. XM DIGITAL SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM RELATING TO ANY INTERNET USER’S INABILITY TO ACCESS THE SERVICES PROPERLY OR COMPLETELY OR FOR ANY CLAIM RELATING TO ANY ERRORS OR OMISSIONS IN THE SERVICES. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. NEITHER XM DIGITAL NOR ITS AFFILIATES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES, THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR FREE.
LIMITATIONS OF LIABILITY: XM DIGITAL’S, ITS AFFILIATES’ AND ITS AGENTS’ ENTIRE LIABILITY HEREUNDER, IF ANY, FOR ANY CLAIM MADE AGAINST THEM (OR ANY ONE OF THEM) FOR DAMAGES RELATING TO THIS AGREEMENT, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), SHALL BE LIMITED TO, IN THE AGGREGATE, ONE (1) MONTH’S XM DIGITAL FUNDS, ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY EXPRESSLY WAIVED BY YOU. IN NO EVENT WILL XM DIGITAL, ITS AFFILIATES OR ITS AGENTS BE LIABLE FOR ANY LOST PROFITS OR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR RELATING IN WHOLE OR IN PART TO HOSTED CUSTOMER’S RIGHTS HEREUNDER OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Indemnification. Hosted Customer agrees to indemnify, defend and hold harmless XM Digital, its successors, officers, directors, employees, designees and agents (the “Indemnified Parties”) from and against any and all claims, actions, demands, costs, losses liabilities, penalties, damages and expenses (including reasonable legal and accounting fees) (“Claims”) relating to or arising from the Hosted Customer’s provided Content, Hosted Customer’s use of the Services, or breach (or alleged breach) of Hosted Customer’s representations, warranties and covenants under the Agreement. XM Digital agrees to indemnify, defend and hold harmless Hosted Customer from and against any and all claims, actions, demands, costs, losses liabilities, penalties, damages and expenses (including reasonable legal and accounting fees) relating to or arising from the XM Digital Content.
Force Majeure. XM Digital shall not be responsible for any delays, errors, failures to perform, interruption, or disruptions in the Services caused by or resulting from any act, omission or condition beyond XM Digital’s reasonable control, whether or not foreseeable or identified, including without limitation acts of God, strikes, lockouts, riots, acts of war, third-party hosting companies, general Internet outages, governmental regulations, insurrection or intervention of any government or authority, acts of war or terrorism, fire, power failure, earthquakes, severe weather, storms, explosions, floods or other natural disaster.
Copyright & Trademarks: The Hosted Customer unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to XM Digital for inclusion in the web design or advertising project are owned by the Hosted Customer, or that the Hosted Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend XM Digital and its sub-contractors from any claim or suit arising from the use of such elements furnished by the Hosted Customer.
Applicable Law: These Terms of Service will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its conflict of laws or your actual state or country of residence.
WordPress Website Hosting Services
XM Digital provides fully managed WordPress hosting to business owners so they can publish content on their own website.
While we believe 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.
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.
Backups: It is your responsibility to download backups as we are not responsible for loss of data. If applicable, please reference your signed Service Level Agreement for additional information on website backups that will outline your tailored Services provided by XM Digital. In all cases we highly recommend you download and safeguard your backups.
Automatic WordPress Updates
- 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.
- XM Digital is not responsible for any themes or plugins that are malfunctioning or not compatible with the latest version of WordPress. The creator of the individual theme or plugin is solely responsible for maintaining that theme or plugin. As such, XM Digital is not responsible for any site malfunctioning or compromised by hackers due to WordPress themes or plugins having version compatibility issues or security shortcomings.
Automatic Malware Scan and Removal
- 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.
- 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.
- 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.
- WordPress is particularly vulnerable to malware due to the vast number of plugins and themes available. It is your sole responsibility to update these plugins and themes. Failing to do so may render your WordPress site unsecure and exposed to malware. XM Digital is not responsible for updating these plugins and themes, nor is XM Digital responsible for malware on your site.
Marketing & Advertising Services
Please reference your signed Service Level Agreement for additional information provided by XM Digital or contact us today for more information.
Cancellation/Termination of Services
Termination of Services and/or Services: Unless stated otherwise in a Service Level Agreement, Hosting Services are paid-up front and billed re-occurring on the 1st of every month and you can cancel at anytime.
For Cause: XM Digital may immediately terminate the Hosting Services if XM Digital has reason to believe that (i) Hosted Customer is attempting to disparage or defame XM Digital; expose XM Digital to legal liability; or otherwise act in a manner reasonably likely to harm XM Digital’s business interest; (ii) On Demand Website Maintenance request are made impracticable or is delayed for at least thirty (30) days as a result of Hosted Customer’s (a) failure to transfer a domain name or provide domain register’s login credentials; (iii) threatened to file or filed a frivolous legal action against XM Digital (each “Termination for Cause”). If such breach cannot be cured or is not cured within thirty (30) days of written notice (“Cure Period”), XM Digital may immediately terminate Hosting Services and/or pursue all other available remedies, including recovery from Hosted Customer’s of XM Digital’s costs and attorneys’ fees incurred in pursuing such remedies (collectively “Termination Remedies”). Suspension of Services due to breach shall not relieve Client of its obligation to pay the Charges incurred for the Services during suspension or otherwise.
Past Due: XM Digital may terminate your account immediately without notice for Clients with past-due invoices.
XM Digital, Inc.
150 Wrenn Dr. #5101
Cary, NC 27512