- ACCEPTANCE OF TERM
Welcome to Xervmon , “Software as a Service” (SAAS). The “Terms of Service” (TOS) applies to all who are using the services of Xervmon Inc in any form.
The below list is inclusive and not exhaustive
a) Account Holder having a Cloud Management System on Xervmon.
b) Guests invited by an Account Holder (a “Guest”) to post comments or add contents.
c) Partners who have their client’s assets, or web-based application managed on Xervmon.
Xervmon reserves the right to update and change the TOS from time to time without notice or acceptance by you. The TOS will also be applicable to the use of the Service on a trial basis. By using the Service, you signify your acceptance of this TOS.
- DESCRIPTION OF SERVICE
Xervmon provides each Account Holder with a Web site on Xervmon’s Internet Property (a Cloud Managment System). Each Cloud system has a limited technical resources based on the type of account purchased. The Service also includes tools that enable Account Holders and their Guests to build a Cloud system using useful content management tools. The type and number of tools you may use depend on the type of account you have and your status as an Account Holder or a Guest. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Xervmon tools and resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Xervmon to provide the Service. You also understand and agree that the service may include certain communications from Xervmon, such as service announcements, administrative messages, and the Xervmon Newsletter, and that these communications are considered part of Xervmon membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Xervmon properties, shall be subject to the TOS. You agree not to access the Service by any means other than through the interfaces that are provided by Xervmon for use in accessing the Service.
In order to use the Service, you must have a valid Xervmon User ID. To be an Account Holder with your own Cloud system, you must provide Xervmon with a credit card, billing and shipping information, and other information (“Registration Data”). Accounts Holder will choose a password and account designation for your Cloud system during the Service’s registration process. If you are using the Service as a Guest, you must also go through the registration process and provide the registration data requested. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify Xervmon of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
Xervmon cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Xervmon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Xervmon has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Users under 13 years of age are required to have a parent or guardian review and complete the registration process.
- PAYMENT TERMS
The credit card that Account Holders provide will be automatically and immediately billed. All currency references are in U.S. dollars. Please note, unless Xervmon gives notice to the contrary, payment for the Service is billed on a monthly, quarterly, semi annually, or on an annual basis (as selected by the Accounts Holder). Xervmon also accepts payments via credit card, PayPal, or check.
Account Holder agrees that each Service has expressed limitations of that Service, regulated in the description of that particular Service. If Account Holder exceeds the limits additional fees may apply.
Account holder shall be responsible for contacting Xervmon when credit card information has changed or when Account Holder feels they have been incorrectly charged. Xervmon will not be responsible for any fees that occur therein.
- UPGRADES AND DOWNGRADES
You will have the ability to upgrade or downgrade the Service at any time during the term. Such upgrades or downgrades will take effect immediately. For any upgrade in package level, the credit card that you provided as part of your Registration Data will automatically be charged a pro-rata amount for the higher level Service. For any downgrade in package level, your account for the Service will be credited a pro-rata amount for the lower level Service, to be redeemed automatically in future billing periods. However, there will be no refunds or credits for partial months of service. The expiration/renewal date of Service will not change. Fees may not be credited towards other Services. All currency references are in U.S. dollars. Please note that downgrading your Service may cause the loss of content and/or features of your Cloud system, and Xervmon does not accept any liability for such loss.
- CANCELLATION AND TERMINATION
Failure to pay all applicable charges and service fees when due, including, but not limited to your credit card being declined or rejected by our merchant account processing gateway, shall be deemed a default cancellation without notice. If you modify your name server settings or other settings activating your site on another service this unilateral action shall be deemed a default cancellation without notice. If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) Xervmon shall not refund you any fees paid in advance of such termination. Your termination request must be submitted to Xervmon. It is your obligation to notify Xervmon of any change in billing or contact information in advance of the renewal date. Termination request will not be processed unless all due invoices are paid.
You agree Xervmon, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your Cloud system if you are an Account Holder), for any reason, including and without limitation, the lack of use, or if Xervmon believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted Cloud system (as applicable) and all its parts, at Xervmon’s discretion, will be terminated as well. Xervmon may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Xervmon may immediately deactivate or delete your Cloud system, as applicable, and all related information and files. Xervmon reserves the right to bar any further access to such files or the Service. You agree that Xervmon shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.
If an Account Holder has been granted a discount for Xervmon’s Services and cancels the Service before the Agreed upon period, Account Holder must pay for the all Services used.
Trial accounts will be automatically deleted after 7 days from the expiration of 30 days trial period. We request you to keep the backup of the site if you are developing a site at Xervmon 30 days trial account. Xervmon does not take the responsibility of data after the 30 days of trial period.
- OWNERSHIP OF CLOUD SYSTEM ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account and Cloud system, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Cloud system, including those of your Guests. You agree to immediately notify Xervmon of any unauthorized uses of the account or any other breaches of security. Xervmon cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Xervmon be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.
- CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not Xervmon, are entirely responsible for all Content that you upload, post, transmit, or otherwise make available via the Service. Xervmon does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Xervmon be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the Service. You acknowledge that Xervmon does not pre-screen Content, but that Xervmon and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Xervmon and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content submitted to Xervmon. You acknowledge and agree that Xervmon may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Xervmon, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Xervmon’s sole discretion as to what action should be taken.
You agree that you will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Xervmon official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or otherwise transmit unsolicited commercial email or “spam.” This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam,” such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(k) “stalk” or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
(m) offer for sale or sell any item, good, or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) Xervmon determines, in its sole discretion, is inappropriate for sale through the Service provided by Xervmon;
(n) use the Service as a forwarding service to another Web site;
(o) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other people’s comments or content as a Guest. If any user is reported to be in violation with the letter or spirit of these terms, Xervmon retains the right to terminate such account at any time without further warning.
- ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by Xervmon in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
- INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- CONTENT SUBMITTED
Xervmon does not claim ownership of the Content you place on your Cloud system. By submitting Content to Xervmon for inclusion on your Cloud system, you grant Xervmon a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your Cloud system on Xervmon’s Internet properties. This license exists only for as long as you continue to be a Xervmon customer and shall be terminated at the time your Cloud system is terminated.
You acknowledge that Xervmon does not pre-screen Content, but that Xervmon and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Xervmon and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Xervmon shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Xervmon has no control over such sites and resources, you acknowledge and agree that Xervmon is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Xervmon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.
You agree to indemnify and hold Xervmon, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
- RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Xervmon.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Xervmon may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time.
- MODIFICATIONS TO SERVICE
Xervmon reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Xervmon shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- XERVMON. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to you through the Service or advertisers. Except as expressly authorized by Xervmon or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
- DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
(a) Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Xervmon expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) Xervmon will make reasonable efforts to maintain the service, however, Xervmon is not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the service, or other interaction with the service. You are responsible for maintaining and backing up your data and information that may reside on the service. Xervmon does not warrant that (I) the service will meet your specific requirements, (II) the service will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the service will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (V) any errors in the software will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) No advice or information, whether oral or written, obtained through or from the service shall create any warranty not expressly stated in the tos.
- LIMITATION OF LIABILITY
You expressly understand and agree that Xervmon shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Xervmon has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other matter relating to the service.
- EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
- U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on the Service are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Xervmon’s proprietary rights in them.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and Xervmon shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Xervmon agree to submit to the personal and exclusive jurisdiction of the courts located within Houston, Texas. The failure of Xervmon to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Xervmon and govern your use of the Service, superseding any prior agreements between you and Xervmon (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Xervmon services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.