Please read :
TOS= Terms Of Service
While every effort is made by xitehost .com to provide highest quality of
services to the CUSTOMER / SUBSCRIBER, the CUSTOMER / SUBSCRIBER
acknowledges that the linking, quality and speed of data transmission of
the CUSTOMER / SUBSCRIBER with the network is entirely dependent on
various external factors and agencies/appropriate authority over which
xitehost .com has no control. Accordingly, xitehost .com shall in no
event be responsible to the CUSTOMER with xitehost .com`s network
computer or the deficiency in data transmission between the CUSTOMER /
SUBSCRIBER and xitehost .com network computers, or for any
inconvenience, damage or loss that may be caused to any one or of any
kind arising therefrom.
SOFTWARE AND SERVICE PROVIDED AS-IS
Unless explicitly stated otherwise, any new features that augment or
enhance the current Service shall be subject to this License. You
understand and agree that the Service is provided "AS-IS" and that
xitehost .com. assumes no responsibility for the timeliness, deletion,
failure to store any user communications or personalization settings. You
also understand that xitehost .com. is not responsible for the security
or privacy of communications sent via the Service, including but not
limited to where the Service is being accessed via wireless devices.
These disclaimers are in addition to the "Disclaimer of Warranties"
section in the TOS.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If you don't already have a xitehost .com I.D. and password, you will be
prompted to complete the xitehost .com. registration process. 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 xitehost
.com. 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. xitehost .com. cannot and will not be liable for
any loss or damage arising from your failure to comply with this
Section. If authorized by xitehost .com., the Service may allow you to
communicate with users of other instant messaging products. In that
event, you acknowledge and agree that (i) your use of the Service is
subject to this License and the terms governing the use of other instant
messaging products you have agreed to, if any, that are consistent with
this License and (ii) users of other instant messaging products are
subject to the terms governing such other instant messaging products.
xitehost .com. assumes no responsibility for the conduct or content of
messages sent by users of other instant messaging products.
Your license to the Software and to access the Service continues until it
is terminated by either party. You may terminate this License by
discontinuing use of all or any of the Software and by destroying all
your copies of the applicable Software. You further agree that xitehost
.com. may, under certain circumstances and without prior notice,
immediately terminate your xitehost .com. account, any associated email
address, and access to the Service or the xitehost .com. network. Cause
for such termination shall include, but not be limited to (a) breaches
or violations of this License, the TOS, or other incorporated agreements
or guidelines; (b) requests by law enforcement or other government
agencies; (c) a request by you
(self-initiated account deletions); (d) discontinuance or material
modification to the Service (or any part thereof); (e) unexpected
technical or security issues or problems; and (f) extended periods of
inactivity. Termination of your xitehost .com. account includes (a)
removal of access to all offerings within or integrated with the
Service, including but not limited to internet calls, xitehost .com.
Mail, Address Book, Photos, Groups, Chat, xitehost .com. Music LAUNCH
cast, Personals, Weather, Finance, Message Boards, Greetings, Alerts,
and Games; (b) deletion of your password and all related information,
files, and content associated with or inside your account (or any part
thereof); and (c) barring further use of the Service. Further,
you agree that all terminations for cause shall be made in xitehost
.com.'s sole discretion and that xitehost .com. shall not be liable to
you or any third-party for any termination of your account, any
associated email address, or access to the Service.
xitehost .com. may provide you with notices, including those regarding
changes to this License, by either email, regular mail, or postings on
Licensed Uses and Restrictions.
By accepting the terms of this Agreement, you represent to xitehost .com.
Inc. and its affiliates (collectively, "xitehost .com.") that you are at
least 18 years old. The xitehost .com. Software applications,
documentation, and local computer files installed or utilized by the
installer application (collectively, the "xitehost .com. Software") are
owned by xitehost .com., or xitehost .com.'s licensors and content and
data providers ("xitehost .com. Licensors"), and are licensed to you on
a worldwide (except as limited below), non-exclusive, non-sublicenseable
basis on the terms and conditions set forth herein. This Software
License defines legal use of the xitehost .com. Software, all updates,
revisions, substitutions, and any copies of the xitehost .com. Software
made by or for you. All rights not expressly granted to you are reserved
by xitehost .com. or their respective owners.
YOU MAY install and personally use the xitehost .com. Software and any
updates provided by xitehost .com. (in its sole discretion) in object
code form on a personal computer owned or controlled by you and may use
the xitehost .com. Software for your own noncommercial use or benefit.
Your license to the xitehost .com. Software under this Software License
continues until it is terminated by either party. You may terminate the
Software License by discontinuing use of all or any of the xitehost
.com. Software and by destroying all your copies of the applicable
xitehost .com. Software. This Software License terminates automatically
if you violate any term of this Software License, xitehost .com.
publicly posts a written notice of termination on xitehost .com.'s web
site, or xitehost .com. sends a written notice of termination to you.
RESTRICTIONS ON USE
YOU MAY NOT:
(i) decompile, reverse engineer, disassemble, modify, rent, lease, loan,
distribute, or create derivative works (as defined by the .. Copyright
Act) or improvements (as defined by .. patent law) from the xitehost
.com. Software or any portion thereof. (ii) incorporate the xitehost
.com. Software into any computer chip or the firmware of a computing
device manufactured by or for you. (iii) use the xitehost .com. Software
in any unlawful manner, for any unlawful purpose, or in any manner
inconsistent with TOS or this Software License. (iv) you may not use the
xitehost .com. Software to operate nuclear facilities, life support, or
other mission critical application where human life or property may be
at stake. You understand that the xitehost .com. Software is not
designed for such purposes and that its failure in such cases could lead
to death, personal injury, or severe property or environmental damage
for which xitehost .com. is not responsible. (v) use or export the
xitehost .com. Software in violation of applicable .. laws or
regulations. (vi) sell, lease, loan, distribute, transfer, or sublicense
the xitehost .com. Software or access thereto or derive income from the
use or provision of the xitehost .com. Software, whether for direct
commercial or monetary gain or otherwise, without xitehost .com.'s
prior, express, written permission.
This Software License and the relationship between you and xitehost .com.
is governed by the laws of India without regard to its conflict of law
provisions. You and xitehost .com. agree to submit to the personal and
exclusive jurisdiction of the courts located within Pune.
No General Waiver; Severability.
The failure of xitehost .com. to exercise or enforce any right or
provision of this Software License shall not constitute a waiver of such
right or provision. If any provision of this Software License is 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 this Software License remain in full force and effect.
This Software License and the TOS constitute the entire understanding
between the parties respecting use of the xitehost .com. Software,
superseding all prior agreements between you and xitehost .com.. In the
event of any conflict between the terms and conditions of this License
those in the TOS, the terms and conditions of this License will control,
except to the extent that the TOS impose additional restrictions and
liabilities on your actions. In the event of a conflict between the
terms of this Software License and the TOS, this Software License will
control to the extent of such conflict.
Ownership and Relationship of Parties.
The xitehost .com. Software is protected by copyrights, trademarks,
service marks, international treaties, and/or other proprietary rights
and laws of the India and other countries. You agree to abide by all
applicable proprietary rights laws and other laws, as well as any
additional copyright notices or restrictions contained in this Software
License and in the TOS. xitehost .com. and xitehost .com.'s Licensors
own all rights, title, and interest in and to their applicable
contributions to the xitehost .com. Software. This Software License
grants you no right, title, or interest in any intellectual property
owned or licensed by xitehost .com., including (but not limited to) the
xitehost .com. Software and xitehost .com. trademarks, and creates no
between yourself and xitehost .com.'s Licensors, or between you and
xitehost .com. other than that of xitehost .com. to licensee.
The xitehost .com. Software and its components contain software licensed
from xitehost .com. Licensors ("Licensor Software"). The Licensor
Software enables the xitehost .com. Software to perform certain
functions including, without limitation, access proprietary data on
third-party data servers. You
agree that you will use the xitehost .com. Software, and any data accessed
through the xitehost .com. Software, for your own personal
non-commercial use only. You agree not to assign, copy, transfer, or
transmit the xitehost .com. Software, or any data obtained through the
xitehost .com. Software, to
any third party. Your license to use the xitehost .com. Software, its
components, and any third-party data, will terminate if you violate
these restrictions. If your license terminates, you agree to cease any
and all use of the xitehost .com. Software, its components, and any
third-party data. All rights in any third-party data, any third-party
software, and any third-party data servers, including all ownership
rights are reserved and remain with the
respective third parties. You agree that these third parties may enforce
their rights under this Agreement against you directly in their own
Support and Software Updates.
xitehost .com. may elect to provide you with customer support and/or
software upgrades, enhancements, or modifications for the xitehost .com.
Software (collectively, "Support"), in its sole discretion, and may
terminate such Support at any time without notice to you. xitehost
.com. may change, suspend, or discontinue any aspect of the xitehost
.com. Software at any time, including the availability of any xitehost
.com. Software feature, database, or content. xitehost .com. may also
impose limits on certain features and services or restrict your access
to parts or all of the xitehost .com. Software or the xitehost .com. web
site without notice or liability.
Fees and Payments.
xitehost .com. reserves the right to charge fees for future use of or
access to the xitehost .com software or the xitehost .com. services and
web sites (collectively, "xitehost .com. Software Services") in xitehost
.com.'s sole discretion. If xitehost .com. decides to charge for the
xitehost .com. Software Services, such charges will be disclosed to you
prior. Further your agree that no refunds are payable to you once
services and products are paid for and implemented.
What Do We Collect and Where?
Our sites use several different forms that our customers can use to
request information, products, and services. From these forms, we
collect the following information:
Visitors' contact information (like e-mail addresses)
Unique identifiers (like customer numbers)
Financial information (like account or credit card numbers)
How Secure is the Information We Collect?
xitehost makes every effort to follow industry standard security
measures to prevent the loss, misuse and alteration of the information
under our control. All financial information is encrypted during
transmission, and our company databases are accessible only to internal
What Do We Use This Information For?
We use your contact information to send you information about our
company and to get in touch with you when necessary. We also use the
information we collect to improve the content of our Web site. Our site
allows you to opt out of receiving communications from us. You will be
given this choice at the points where we request your information. If
you do not wish to receive future marketing mailings, please send e-mail
to support@xitehost .com.
We may ask you to enter your credit card or account information in
xitehost or our configuration to enable us to debit your account when
you purchase Virtual hosting or other services from us. All information
you will be asked to enter is protected using SSL (Secure Sockets Layer)
encryption to prevent it being intercepted by anyone else as it is
transferred over the Internet. We collect this information on a
transaction-by-transaction basis and will never authorize the release of
this information to anyone.
We use your unique network address (IP address) to help diagnose
problems with our server, and to administer our Web site.
the time you view www.xitehost .com. We also use them to recognize
return visitors and to track our promotions. We gather this information
for internal use only and will never authorize the release of this
information with anyone outside xitehost .
This site contains links to external websites. xitehost is not
responsible for the privacy practices or the content of these Web sites.
========Disclaimer of Warranties by xitehost .com..
USE OF THE xitehost .com. SOFTWARE AND ANY DATA ACCESSED THROUGH THE
xitehost .com. SOFTWARE (SUCH AS STOCK QUOTES, MARKET INFORMATION, NEWS,
OR OTHER INFORMATION) IS AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS."
ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE xitehost .com. SOFTWARE (SUCH AS THE "ANTI-SPY" FEATURE) 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 AND/OR USE OF ANY SUCH MATERIAL OR SERVICE.
xitehost .com., ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS,
AFFILIATES, AND ASSIGNS (COLLECTIVELY, "xitehost .com. ENTITIES") AND
THE xitehost .com. ENTITIES AND xitehost .com. LICENSORS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
RELATING TO THE xitehost .com. SOFTWARE AND ANY DATA ACCESSED THEREFROM,
OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE xitehost
.com. SOFTWARE AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF THE xitehost .com.
SOFTWARE OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT
THE xitehost .com. ENTITIES OR THE xitehost .com. LICENSORS) ASSUME THE
ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE xitehost
.com. ENTITIES OR xitehost .com. LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH A DEFECT OR DAMAGES.
Limitation of Liability.
THE xitehost .com. ENTITIES AND xitehost .com. LICENSORS WILL NOT BE
LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR
IN ANY WAY RELATED TO THE USE OF THE xitehost .com. SOFTWARE BY YOURSELF
OR BY THIRD PARTIES, TO THE USE OR NON-USE OF ANY BROKERAGE FIRM OR
DEALER, OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS
AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY. THE xitehost
.com. ENTITIES AND xitehost .com. LICENSORS ARE NOT LIABLE TO YOU FOR
ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, THEIR
OPINIONS OR THE ACCURACY OF DATA PRESENTED BY THEM OR ON THEIR BEHALF ON
xitehost .com, ANY DATA ACCESSED THROUGH THE xitehost .com. SOFTWARE,
YOUR USE OR INABILITY TO USE OR ACCESS THE xitehost .com. SOFTWARE, OR
ANY DATA PROVIDED THROUGH THE xitehost .com. SOFTWARE, WHETHER SUCH
DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES
EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF
BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION,
LOSS OF BUSINESS OR PERSONAL INFORMATION.
INFORMATION PROVIDED THROUGH THE xitehost .com. SOFTWARE, INCLUDING STOCK
QUOTES, ANALYSIS, MARKET INFORMATION, NEWS, AND FINANCIAL DATA, MAY BE
DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE xitehost
.com. ENTITIES AND xitehost .com. LICENSORS WILL HAVE NO LIABILITY WITH
RESPECT THERETO. xitehost .com. MAY CHANGE OR DISCONTINUE ANY ASPECT OR
FEATURE OF THE xitehost .com. SOFTWARE OR THE USE OF ALL OR ANY FEATURES
OR TECHNOLOGY IN THE xitehost .com. SOFTWARE AT ANY TIME
WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT, HOURS