Terms & Conditions

Data Centres & Server Co-location

• XAGE CLOUD is determined to provide the best server facilities for all our CUSTOMERS. Therefore, CUSTOMERS agree to relocation of servers within our data centres, changes to the provision of the services, IP Adresses, DNS records and zones. In each case, XAGE CLOUD will provide a notice in advance within a reasonable time frame and take all the reasonable actions to minimise the effect of such changes on the use of our services.
• CUSTOMERS have up to 30 days to remove any server/device from our premise after cancellation or service expiration.
• XAGE CLOUD will start charging USD50.00 per month for storage fees if the server/device are not removed after 30 days.
• Should any server/device still remains with Xage Cloud Hosting after 180 days, it is deemed CUSTOMERS are no longer interested in the server/device. XAGE CLOUD reserves the right to dispose the server/device after 180 days.

Website Migration or Transfer

• Our web migration team will make every effort to help Customer migrate your website over to us. However please take note that this service is provided as a courtesy service that is performed on best effort basis and Xage Cloud Hosting cannot be held responsible should there be any migration failure due to various reasons. Xage Cloud Hosting cannot guarantee that all data transfer to be accurate and estimate the time required to complete the transfer. Some hosting companies save data in their propriety format making transfer difficult or in some cases impossible. We will of course try our best but in some cases we may not be able to assist. This free transfer services are offered for 30 days from the sign up date and for accounts that does not exceed 1000MB (1GB) space. Transfer requests made outside this 30 days free period or websites exceeding 1000MB (1GB) will incur a one time (USD50.00) professional service charges. Please contact our sales department for a price quote.

Scripting and Program

• It is the Customer’s responsibility to ensure that scripts/programs installed under Customer’s account are secure and permissions of directories are set properly. Permissions for most directories must be set as restrictive as possible such as 755 to avoid being hacked or compromised. Customer is ultimately responsible for all actions taken under Customer’s account. This includes the compromise of credentials such as user name and password. It is required that Customer use a strong and secure password. If the password is weak, customer’s account may be suspended until the password is replaced with a strong and secure password.

Resource Usage

• Customer may not use 25% or more of system resources for longer than 90 seconds. Account will be suspended until customer reply with next action plan. If the account overload again, Xage Cloud Hosting reserves the right to terminate the account permanently or impose an overload penalty fees to the customer. To avoid this suspension or penalty fees, Xage Cloud Hosting advises customers not to use our shared hosting accounts for the following usage, as they generally will overload. These activities are unattended server-side processes, torrent application, tracker, file-sharing, peer-to-peer activities, IRC chat module, video streaming, gaming applications, web spider or indexer, daemons and heavy cron-jobs.
• CPU and Memory Limit
  Xage Cloud Hosting use Cloudlinux (LVE) to ensure Linux Shared Hosting accounts receive a fair share of resources. LVE is a kernel level technology developed by the CloudLinux team. The technology has common roots with container based virtualization and uses cgroups in its latest incarnation. It is lightweight, and transparent. The goal of LVE is to make sure that no single web site can bring down your web server. Today, a single site can consume all CPU, IO, Memory resources or apache processes and bring the server to a halt. LVE prevents that. It is done via collaboration of apache module, PAM module and kernel.
• Allowed Resource Usage are as follows :-
  
• • CPU Limit
    Each account allow 25% of total CPU of the server available to LVE. If your account hits this limit, your website will slow down.
  • Memory Limit
    Each account can use up to 2GB of virtual memory and 1GB of Physical memory. If your account hits this limit, your website will show a 500 error message.
  • Entry Processes
    We provide up to 25 concurrent connections. You won't normally hit this limit unless you have poorly coded scripts that fail to execute properly. Your website will show a 508 error if this limit is reached. If you find your account is continuously hitting the CloudLinux limits and it is affecting the running of your website, please contact support to discuss options. We can assist with diagnosing any problematic scripts to help reduce usage or help you upgrading to a dedicated environment.
  • Hosting Space
    

    Shared hosting accounts are meant for hosting Customer’s website content. The hosting space utilised as backup/storage device is strictly not permitted. We also do not allow audio/video content streaming to be hosted on shared servers due to the high level of bandwidth and resources usage as such content can cause unfair resources division and even overload. However, if you plan to host sites with media content, Dedicated Server will be a better solution for websites with interactive content and media libraries. We strongly recommend you approximately estimate the amount of resources your site and applications used by testing them, if possible, and then choose a server of appropriate configuration.

    Most of our shared hosting plans allow unlimited email address creation but in the interest of server stability, all shared hosting plans are allowed to consume up to 10GB for email storage only. Any accounts that exceed the email storage size may be suspended. We recommend to use an email client such as Outlook or Thunderbird (free download) to download and manage all emails on a local computer.

  • Unlimited
    Xage Cloud Hosting does not set a limit or cap on the amount of resources a single Customer can use. In good faith and subject to these Terms, Xage Cloud Hosting makes every commercially reasonable effort to provide its Customers with all the resources needed to power their web sites successfully. Xage Cloud Hosting's offering of "unlimited" services is not intended to allow the actions of a single or few Customers to unfairly or adversely impact the experience of other Customers. In a shared hosting server, multiple Customer web sites are hosted from the same server and share server resources. Xage Cloud Hosting's service is designed to meet the typical needs of small business and home business website. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
  • Xage Cloud Hosting will make every commercially reasonable effort to provide additional resources to Customers who are using their website(s) consistent with these Terms, including moving Customers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Customers, Xage Cloud Hosting does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Xage Cloud Hosting can evaluate said sites resource needs. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage per account or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Xage Cloud Hosting may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber's account, with or without notice. Apart from this, all shared hosting plans are set with an hourly sending limit of not more than 200 emails within a given hour. This policy is important to prevent spamming activities either deliberate or through poorly secured computers that are hacked for sending spamming emails.Unlimited Domain Hosting. Xage Cloud Hosting does not set arbitrary limits on the number of domain names a Customer can associate with the Customer's web hosting account. However, Xage Cloud Hosting reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Customers.
  • Unmetered
    If Customer is given a 1Gbps (1000Mbps) Unmetered Bandwidth then the Customer is able to push and pull as much data as it can handle without fear of overage costs, bursting up to 1Gbps per month. If the Customer exceeds the commercially reasonable bandwidth consumption ie constantly utilizing 100Mbps, the speed will be going to be throttled until the next following month or until the customer upgrades their package.
  • 1Gbps (1000Mbps) Unmetered Bandwidth in Shared Hosting means collectively the entire server can burst up to 1Gbps. Hence, all shared hosting accounts in the same physical server can use up to 1Gbps in total bandwidth at any time. If the Customer exceeds the commercially reasonable bandwidth consumption, the speed will be going to be throttled to prevent speed interruption to other customers in the same server.
  • 1Gbps (1000Mbps) Unmetered Bandwidth in VPS means collectively the entire VPS server node can burst up to 1Gbps. Hence, all VPS accounts in the same physical server can use up to 1Gbps in total bandwidth at any time. If the Customer exceeds the commercially reasonable bandwidth consumption, the speed will be going to be throttled to prevent speed interruption to other customers in the same server.
  • Unmetered Bandwidth in Dedicated Servers means XAGE CLOUD does not set a limit or cap on the amount of resources a single CUSTOMER can use. There will not be any extra cost incurred at the end of the month billing. XAGE CLOUD makes every commercially reasonable effort to provide its CUSTOMERS with commercially reasonable bandwidth consumption. If the Customer exceeds the commercially reasonable bandwidth consumption, the speed will be going to be throttled to maintain fair usage to all customers.
  • INODES
    If accounts found to be exceeding the inode limit, auto suspension will be imposed and the backup will removed from our backup system.
  • Backup Limit & Data Loss
    Any shared hosting account using more than 10 gigs of disk space will be removed from our backup with the exception of database. However all data will continue to be mirrored to a secondary drive. Take note that backup service is provided as a courtesy service and Xage Cloud Hosting cannot be held liable for any data loss. Customers’ use of this service is at their own risk. XAGE CLOUD is not responsible for files and/or data residing on the Customer’s account. Customer is advised to maintain a backup copy of their data on their own. In case of data loss, XAGE CLOUD will provide the courtesy service of restoring the data into the account. Take note that data restored may not be up to date and Xage Cloud Hosting can only restore the data from the latest backup copy whether it is a daily or weekly backup. There is no backup for VPS, Semi Dedicated Servers, Dedicated Server or any other plans. Customers must subscribe to our backup services to have data backup.
  • Bandwidth Usage
    Customer is allocated a monthly bandwidth allowance and it varies according to the package purchased. Should the Customer’s account pass the allocated amount, the account will automatically be suspended. The account will be unsuspended when the next allocation period starts or when the Customer upgrade to a higher level of package or pay additional fees for the overages. Unused bandwidth in one month cannot be carried over to the next month.
  • Content
    All services provided by XAGE CLOUD may only be used for lawful purposes. The laws of Malaysia apply. The customer agrees to indemnify and hold harmless XAGE CLOUD from any claims resulting from the use of our services.
  • Domain Name Change
    There will be a USD10.00 service fee for any domain change request for all shared hosting after 3 days of web hosting activation. However, if the request is a first time request it will be free of charge.
  • Price Protection
    The amount customer pay for hosting will never increase from the date of purchase unless there are certain terms involved such as a first year promotion etc. XAGE CLOUD reserve the right to change any packages or prices listed in our website and has the right to adjust the amount of resources given to the packages at any time. Should the Customer request to upgrade the features of the subscribed package, there will be an upgrade fee incurred.
  • Price Contract
    All hosting services will have 1 year price contract. This means the price will be fixed for a period of 1 year regardless of whether the customer is paying monthly, quarterly or half year. In the event the customer request for a price adjustment, a contract breaking fees USD100 will be imposed.
  • Delivery
    Delivery periods can only be estimated. Exceeding the delivery time never entitles Customer to be paid damages or cancellation of the order. Should the delay is due to a reason within XAGE CLOUD itself such as XAGE CLOUD is temporarily or permanently unable to fulfill the order partially or completely, XAGE CLOUD reserves the right to partially or completely cancel or decline the order. XAGE CLOUD also reserves the right to deliver the order with a similar specifications or higher. XAGE CLOUD will notify CUSTOMER of such decisions. Once the service is delivered, it is the customer's responsibility to check and report back within 7 days for any discrepancies or related problems. XAGE CLOUD will take the effort to rectify the problem including reinstall or replace the entire server without any charges. However if the report is made after 7 days, there will be a charge for any services rendered.
  • Suspension Due to AUP Violation
    If the account is suspended due to AUP violation, there may be a USD49.00 reconnection fees whereby XAGE CLOUD need to resetup an entire server for the Customer. Accounts may be deleted if they have spent ten (10) or more calendar days in a suspended state. Accounts past due may be subject to interest at the rate of 3% per month.
  • Customer Data
    XAGE CLOUD will never sell or disclose Customer's contact information, data or Customer lists to any third party, unless required by law or specifically authorized by Customer.
  • Customer Support
    XAGE CLOUD provides 24 hours Customer support and is committed to provide the best possible support for all Customers. For any service request not subscribed by the Customer, XAGE CLOUD reserves the right to charge USD50.00/hr for any website/server troubleshooting issues. XAGE CLOUD at its sole discretion reserves the right to deny providing services requested by the Customer with or without reasons. For any services rendered, charged or not charged, XAGE CLOUD provides the best effort services. XAGE CLOUD will not be held responsible for any other issues that resulted directly or indirectly due to the support given.
  • Should there be incident whereby XAGE CLOUD provides FREE support to the Customer, this is a courtesy service and cannot be defined as evidence that XAGE CLOUD must commit to provide FREE support to the Customer. In this case, XAGE CLOUD reserves the right to stop providing courtesy service to the Customer at any time.
  • Xage Cloud Hosting offers support to Customer’s enrolled in recurring control panel solutions. Any One-Time Set Up fee is not inclusive of continuous assistance. Whilst Xage Cloud Hosting is committed to laying out the preliminary structure, any subsequent requests are not eligible for entertainment and are not a base for support inefficiency complaints.
  • REFUND & CANCELLATION POLICY
    
  • Domain Name
    Customer agree that XAGE CLOUD's entire liability to Customer, and Customer only remedy, in connection with any service provided by XAGE CLOUD to Customer, and for any breach by XAGE CLOUD, shall be limited to the fees Customer paid to XAGE CLOUD for the particular service in contention. XAGE CLOUD and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of XAGE CLOUD's services or for the cost of obtaining substitute services. Because certain states do not permit the limitation of elimination of liability for certain types of damage, XAGE CLOUD's liability shall be limited to the smallest amount permitted by law. XAGE CLOUD disclaims any loss or liability resulting from:
    
    • Access delays or interruptions to our web site or domain name registration system;
    • Data non-delivery or mis-delivery between Customer and XAGE CLOUD ;
    • Events beyond our control (i.e. acts of God);
    • The loss of registration or processing of a domain name or the use of a domain name;
    • The failure for whatever reason to renew a domain name registration;
    • The unauthorized use of Customer’s account with XAGE CLOUD or any of services provided to
    • Customer by XAGE CLOUD;
    • Errors, omissions or misstatements;
    • Deletion of, failure to store, or failure to process or act upon email messages;
    • Processing of updated information to Customer’s registration record;
    • Development or interruption of Customer’s web site;
    • Errors taking place with regard to the processing of Customer application;
    • Application of XAGE CLOUD's Dispute Resolution Policy; and
    • Any act or omission caused by Customer or Customer’s agent (whether authorized by Customer or not)
    • Please view Registrant Rights and Responsibilities
  • You (customer) assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. Registrar/Registry may, in their sole discretion, choose not to offer a reactivation period and they shall not be liable therefore.
  • Hosting's IP blacklist
    IP addresses that are blacklisted in any spam organizations such as SpamHaus or SpamCop will be temporarily suspended and all email services from the affected server will cease to operate to ensure no further damage would be incurred on the reputation of the IP block. A de-listing fee of USD100 is charged by the upstream service provider for every IP blacklist incident for case management and resolution. Depending on the nature and frequency of the spamming activity, a new IP may be assigned to the affected server as a last remedying solution to resume full email services. Rectification steps would only be taken provided that all spamming activities have receded permanently and the de-listing fee is paid.
    • 1) Sharedhosting: Hosting account which has been identified with repeated and massive spamming activities (direct or indirectly) will be suspended / terminated.
    • 2) VIP-Managed Dedicated / Co-Location Hosting service:
      • Server owner to report the issue to technical support for identifying the spam root cause and to engage our upstream provider to assists with the IP de-listing.
      • For massive spamming or repeats, a de-listing fee of USD100 will be charged by the upstream provider where a new IP may be provided if the spamming activities were too heavy.
      • SMTP port services is only allowed in Primary and Secondary IP for Dedicated Server and Colocation servers hosting. SMTP port services are blocked for all additional IP addresses.
    • 3) Non-Managed Dedicated / Col-Location Hosting service:
      • Server owner will be notified on the IP blacklist report and will be given a guide on how to identify the spam root cause and resolve the issue.
      • For massive spamming or repeats, a de-listing fee of USD100 will be charged by the upstream provider where a new IP may be provided if the spamming activities were too heavy.
      • SMTP port services is only allowed in Primary and Secondary IP for Dedicated Server and Colocation servers hosting. SMTP port services are blocked for all additional IP addresses.
    • 4) VIP-Managed VPS Hosting service:
      • Server owner to report the issue to technical support for identifying the spam root cause and to engage our upstream provider to assists with the IP de-listing.
      • For massive spamming or repeats, a de-listing fee of USD100 will be charged by the upstream provider where a new IP may be provided if the spamming activities were too heavy.
      • SMTP ports will be closed for all the Virtual Private Servers (VPS) and will only be open upon request after verifying the required information provided by the customers. This process may take up to two business days.
      • Virtual Private Server (VPS) hosting that has been identified with repeated and massive spamming activities (direct or indirect) will be suspended or terminated and will be forbidden to renew or purchase new VPS in the future.
    • 5) Non-Managed VPS Hosting service:
      • Server owner will be notified on the IP blacklist report and will be given a guide on how to identify the spam root cause and resolve the issue.
      • For massive spamming or repeats, a de-listing fee of USD100 will be charged by the upstream provider where a new IP may be provided if the spamming activities were too heavy.
      • SMTP ports will be closed for all the Virtual Private Servers (VPS) and will only be open upon request after verifying the required information provided by the customers. This process may take up to two business days.
      • Virtual Private Server (VPS) hosting that has been identified with repeated and massive spamming activities (direct or indirect) will be suspended or terminated and will be forbidden to renew or purchase new VPS in the future.
  • Budget & Strongbolt Shared Hosting Account
    
    • Guarantee applies to first time purchasers only.
    • 30 Day period begins when hosting login information is received.
    • Refund will be provided only if Customer experiences technical problems caused or related to items 100% controlled by XAGE CLOUD.
    • Refund is granted by XAGE CLOUD's sole discretion.
    • Refund decision made by XAGE CLOUD is final.
    • Refund will be processed within 7 working days.
    • Data will be deleted after 14 days of unpaid invoice.
  • Strongbolt Private Email
    
    • We will terminate the strongbolt email subscription without refund should we find that there is evidence of spamming out activities.
    • Xage Cloud Hosting will only allow fifty (50) outgoing emails an hour and spamming strictly prohibited.
    • Refund is granted by XAGE CLOUD's sole discretion.
    • Refund decision made by XAGE CLOUD is final.
    • Refund will be processed within 7 working days.
    • Data will be deleted after 14 days of unpaid invoice.
  • Virtual Private Server (VPS) & Semi Dedicated Server
    
    • Applies to first time purchasers only.
    • 30 Day period begins when Customer receives server login information.
    • Refund does not include any setup fees, installation fees on operation system or software.
    • Refund will minus USD15.00 restocking fees for any account without setup fees.
    • Reconnection fees of USD25.00 will apply for suspended accounts that are unpaid for more than 7 days.
    • SMTP ports will be closed for all the Virtual Private Servers (VPS) and will only be open upon request after verifying the required information provided by the customers. This process may take up to two business days.
    • Refund is granted by XAGE CLOUD's sole discretion.
    • Refund decision made by XAGE CLOUD is final.
    • Refund will be processed within 7 working days.
    • Data will be deleted after 14 days of unpaid invoice.
  • Dedicated Server Hosting and Colocation services
    
    • Guarantee applies to first time purchasers only.
    • 30 Day period begins when Customer receives server login information.
    • Refund will be provided only if Customer experiences technical problems caused or related to items 100% controlled by XAGE CLOUD.
    • Refund does not include any setup fees, installation fees on operation system or software.
    • Refund will minus USD25.00 restocking fees for any account without setup fees.
    • Reconnection fees of USD49.00 will apply for dedicated server account re-activated for invoices that are unpaid for more than 7 days.
    • SMTP port services is only allowed in Primary and Secondary IP for Dedicated Server and Colocation servers hosting. For any additional IPs, the SMTP port services will be blocked.
    • Refund is granted by XAGE CLOUD's sole discretion.
    • Refund decision made by XAGE CLOUD is final.
    • Refund will be processed within 7 working days.
    • Data will be deleted after 14 days of unpaid invoice.
  • Refund & Cancellation Policy
    
    • All cancellation requires 30 days notice.
    • The monthly fees is applied if cancellation is made before the expiration date.
    • Future unused months of the services may also be refunded if the plan is cancelled and a pre-payment was made.
    • The total fees will be calculated as the 1-month fee multiple by the duration of the service used plus 30 days notice.
    • Refund will minus USD25.00 restocking fees for any account without setup fees.
    • All new Shared Hosting plans are eligible for 30 days money back guarantee only and no refunds will be given if the subscription is cancelled prematurely after the 30 days windows period.
    • Payment via cryptocurrency will be refunded as credit into your billing account NOT back to cryptocurrency address/wallet.
    • Payment via Western Union will only be refunded as credit into your billing account.
    • Payment via credit card or wired transfer will be refunded but amount might be different due to bank charges and exchange rate fluctations.
    • Payment gateway fee is non-refundable.
    • There is no refund for renewed shared hosting account.
      All 3rd parties products such as Domain Name, SSL, Control Panel/Software Licenses, Server Co-location, Private Email etc. are not included in our 30 days money back guarantee policy as these are products we resell. For any cancellation of SSL orders within 14 days XAGE CLOUD has the right to charge USD25 processing fee (per SSL) and and the balance is refundable to customer. For any cancellation of products or services, Customer must provide prior notice of at least 30 days before the expiry date shown on current renewal invoice. As for yearly contract cancellation, XAGE CLOUD will charge Customer according to the monthly package terms and conditions that may have higher monthly fees, setup fees and other miscellaneous fees involved. Any discount provided during yearly contract will be void if the yearly contract is cancelled. The refund will be calculated via having the total yearly paid minus the total charged as per monthly package terms and conditions.
    • As for refund due to server or network downtime, Customer is responsible for notifying the billing department for any credits due for the month within seven days from the time of the incident. Customer should supply all relevant information, including ticket numbers, for credit to take place. All refund claims or cancellation must be done in writing or by fax or by support ticket with Customer’s root username and passwords for the server.
    • Customer will retain records of the terms and conditions of its Package for future reference. XAGE CLOUD may change Package prices or add or delete Package features or restrictions at any time, and such changes will not affect the initial agreement between Customer and XAGE CLOUD. In the event of any conflict between the terms of any Package and the terms of this Agreement, the terms of this Agreement will govern. In the event of any conflict between the terms of any Package and the terms of this Agreement, the terms of this Agreement will govern.
    • In order to prevent abuse to our services and our 30 days money back guaranteed policy, XAGE CLOUD will not provide refund if it is discovered that Customer is running "short-lived" website for Customer’s own interest. These websites are termed "short-lived" at XAGE CLOUD's own discretion which including and not limiting to websites on political campaign, lawsuit, investment etc.
  • Investigation & Cancellation of Services
    
    • Xage Cloud Hosting reserves the right to disable service or terminate service and/or to remove content in order to investigate suspected violations of this AUP. Xage Cloud Hosting at its best effort will notify any customers of any violation so that the customer can investigate the case and provide necessary explanation or solution. Failure to respond to email from our abuse department may result in the suspension or termination of services. In some critical cases, Xage Cloud Hosting reserves the right to disable or terminate service without first given notice if the violation affects the entire operation. If the explanation or solution is accepted, customer is given a warning and/or incurs an abuse fees. If Xage Cloud Hosting feels as though this first offense was a deliberate attempt then the account and all associated accounts will be closed without warning and without a refund. Xage Cloud Hosting does not issue refunds for terminating service due to any of the causes specified above. Dedicated Server or Websites with unresolved Abuse or AUP matters which are not responded to within 10 days will be considered abandoned and will be deleted from the offending account.
    • If your or your end users’ actions have caused the Xage Cloud Hosting mail servers or IP address ranges to be placed on blacklists and other mail filtering software systems used by companies on the internet, you will be assessed a USD100 abuse administrative charge and fees of USD100 per hour for employee time incurred to contact list holders, remove any blocks and protect our mail servers and IP ranges.
    • Xage Cloud Hosting reserves the right to refuse service to anyone. Any material that, in our judgment, is illegal, of threats or violates our terms of service in any manner may be removed or suspended from our servers with or without notice.
  • Acceptable Use Policy
    Customer asserts that they have read XAGE CLOUD's Acceptable Use Policy ("AUP") and its Privacy Policy. Customer will adhere to the AUP and Privacy Policies and will not allow the Services or XAGE CLOUD equipment to be used for activities prohibited by such policies. XAGE CLOUD may revise the AUP from time to time by posting a new version thereof on the XAGE CLOUD Website, and Customer is responsible for awareness of such revisions. In the event of any conflict between the AUP or the Privacy Policy and this Agreement, this Agreement will govern. XAGE CLOUD may impose a penalty fees to the Customer if the AUP is broken.
  • Warranty
    XAGE CLOUD's services are provided on an "as is" and "as available" basis. XAGE CLOUD does not warrant that the service will be uninterrupted, error-free, or free from viruses or other harmful components. XAGE CLOUD makes no express or implied warranties, including without limitation warranties of title, noninfringement, merchantability, or fitness for a particular purpose. No advice provided by XAGE CLOUD or any of its representatives will create a warranty.
  • Indemnification
    Customer agrees that they shall indemnify XAGE CLOUD harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against XAGE CLOUD, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless XAGE CLOUD against liabilities arising out of;
    • (1) any injury to person or property caused by any products sold or otherwise distributed in connection with XAGE CLOUD;
    • (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
    • (3) copyright infringement and
    • (4) any defective products sold to customers from XAGE CLOUD's server.
  • Disclaimer
    XAGE CLOUD will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if XAGE CLOUD was advised in advance of the possibility of such damages. XAGE CLOUD's maximum liability arising out of or related to provision of its services will not exceed the total amount of fees billed to Customer during the twelve (12) months preceding the claim.
    XAGE CLOUD will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from:
    • (i) other XAGE CLOUD Customers or third parties accessing Customer's data or assigned computers;
    • (ii) security breaches;
    • (iii) eavesdropping;
    • (iv) denial of service attacks;
    • (v) interception of traffic sent or received using XAGE CLOUD's service;
    • (vi) Customer's reliance on or use of the service;
    • (vii) mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the service;
    • (viii) the accuracy, completeness, and usefulness of the service; or
    • (ix) loss of data or loss of access to data.
    
    Under no circumstances will XAGE CLOUD be held responsible or liable in any way for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of information) resulting or arising directly or indirectly from service mulfunction, even if XAGE CLOUD has been advised of the possibility of such damages in advance.
  • XAGE CLOUD's limitations and exclusions of liability apply equally to XAGE CLOUD's officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.