X-cart.com.au Terms and Conditions.

Please read these Terms and Conditions very carefully. By using any of our services, you are agreeing to x-cart.com.au Pty Ltd Terms and Conditions outlined below.

Terms and Conditions
x-cart.com.au Pty Ltd reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. x-cart.com.au Pty Ltd strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other x-cart.com.au Pty Ltd customers and us against such harm.

Payment Policies:

Accounts are automatically suspended if payment is not received 14 days from the date of the invoice being sent. Annual payment must be made in advance. We do not refund account balances unless explicitly agreed to by a manager. You may use the balance towards any other product or service that we offer.

Account Cancellation:

You may cancel at anytime.

Indemnification Policy:

You agree to use all x-cart.com.au Pty Ltd services and facilities at your own risk. x-cart.com.au Pty Ltd specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall x-cart.com.au Pty Ltd be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold x-cart.com.au Pty Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against x-cart.com.au Pty Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless x-cart.com.au Pty Ltd against liabilities arising out of:

- Any injury to person or property caused by any products sold or otherwise distributed in connection with x-cart.com.au Pty Ltd servers.

- Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party

- Copyright infringement

- any defective products sold to customer from x-cart.com.au Pty Ltd’s server.

x-cart.com.au Pty Ltd shall be the sole judge of what violates this Policy.

SPAM Policy:

x-cart.com.au Pty Ltd is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the x-cart.com.au Pty Ltd network, by customers or any other users of the x-cart.com.au Pty Ltd network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the x-cart.com.au Pty Ltd server.

We react very quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an x-cart.com.au Pty Ltd email address or web site URL is prohibited. The use of x-cart.com.au Pty Ltd servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam are subject to a "clean up" fee of $500.

Content Policy:

All services provided by x-cart.com.au Pty Ltd may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless x-cart.com.au Pty Ltd from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all x-cart.com.au Pty Ltd servers. This includes sites that may infer sexual content, or links to adult content elsewhere. x-cart.com.au Pty Ltd will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to x-cart.com.au Pty Ltd servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software

Hacker programs or archives

Warez sites

x-cart.com.au Pty Ltd does not host sites of its competitors or web pages promoting sites of its competitors. Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning. x-cart.com.au Pty Ltd will be the sole arbiter as to what constitutes a violation of this provision.

CGI Scripts Policy:

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other x-cart.com.au Pty Ltd customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed. x-cart.com.au Pty Ltd is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.

Chat Policy:

x-cart.com.au Pty Ltd does not allow chat rooms. You can however use the chat room software that comes pre-installed in your Cpanel.

Backups:

Full backups are made daily or twice weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. X-cart.com.au Pty Ltd cannot not be held responsible for any loss of your data. It is the clients responsibility to maintain local copies of their web content any information. The Backup Manager is included in each hosting plan and you can use this tool to backup your files. If loss of data occurs due to an error of x-cart.com.au Pty Ltd, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, x-cart.com.au Pty Ltd will attempt to recover the data from the most recent archive for a $100 fee.