Introduction
Ce document contient d'importantes informations concernant les "Termes et conditions de service" qui s'appliquent à votre compte chez XLPub. VEUILLEZ LIRE CE DOCUMENT ATTENTIVEMENT, et le conserver pour références futures. Il est a noter que l'information contenue dans ce document est sujet à changement sans préavis.

Dispositions générales
Pour que XLPub puisse maintenir un ou plusieurs comptes à votre nom (ci-après appelé "compte"), vous acceptez les termes et conditions qui suivent:

Définitions
"Nous " ou "Fournisseur" ou "XLPub." XLPub, Inc.
"Vous " "Client" " ou "Membre." Chaque personne ou organisation qui applique pour les services de XLPub, ou son (ou ses) représentant.

Services rendus par XLPub, Inc.
XLPub fournira un service d'hébergement de sites web sur serveurs, " Le Service " comporte plusieurs choix d'espace. Le présent contrat a pour objet de permettre au client la mise en ligne sur les réseaux de l'Internet, et sous sa seule responsabilité, d'un site web lui appartenant. D'obtenir une adresse e-mail et d'acceder a son site web via un acces FTP pour la mise a jour de son site.

Le client s'engage à respecter tous les règlements et toutes les lois applicables dans chacun des pays impliqués dans les échanges d'informations qu'il effectue. Il s'engage notamment à respecter les lois Canadiennes et Internationales en Matière de Piratage informatique, en s'interdisant formellement de pénétrer les systèmes informatiques dont l'accès lui est interdit.

XLPub s'engage à tout mettre en oeuvre pour assurer la permanence, la continuité et la qualité des services qu'elle propose, et souscrit à ce titre une obligation de moyens ; en conséquence, XLPUB s'efforcera d'offrir un accès 24 heures sur 24, 7 jours sur 7. XLPub se réserve cependant la faculté
de suspendre exceptionnellement et brièvement l'accessibilité aux serveurs pour d'éventuelles interventions de maintenance ou d'amélioration afin d'assurer le bon fonctionnement de ses services.

XLPub fournira Le Service de facon exclusive sans essayer de modifier ou de controler le contenu d'un site. Toutefois, XLPub se reserve le droit de fermer un site jugé inapproprié et ce , sans préavis ni aucun dédommagement de quelque forme que ce soit.

XLPub will provide Internet server space rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows XLPub members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. XLPub members will use the provided services in a manner consistent with any and all applicable laws of the State of California and the US Federal Government. XLPub provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. If any of the below activities are committed, XLPub can terminate client's account without notification.

Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any XLPub server in connection with Client's use of the Services which: violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights of XLPub or any third party; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age or promotes hate contain viruses or other computer programming defects which result in damage to XLPub or any third party. Customers may not run IRC, boots or clients. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers.

Bandwidth Usage: XLPub offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, XLPub may find a customer to be using excessive amount of server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, XLPub reserves the right to impose the Excessive Resource User Policy for the consideration of all customers.
Excessive Resource User Policy: Resources are defined as bandwidth and/or processor utilization. When a website is found to be monopolizing the resources available, XLPub reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. XLPub will be the sole and final arbiter as to what constitutes a violation of this policy.

No "Spam". UCE/UBE or "Spam" originating from a XLPub account or associated with a XLPub account is not tolerated. This includes any e-mail that promotes web sites hosted on a XLPub account but is sent from an e-mail address not associated with that XLPub account. Client shall not use their XLPub services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. XLPub reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. Accounts cancelled due to Spam will be charged a clean-up fee of $500.

False Information. Client agrees not to post false or inaccurate information to news groups in violation of the newsgroups rules and regulations. If any news groups or service provider contact XLPub concerning unethical, false or unlawful activities by you, XLPub reserve the right to terminate your service without notice.
Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Back-Up Files. XLPub will make every reasonable effort to protect and backup data for Client on a regular basis, however XLPub does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. There is a one time fee of $100 for our Administrator to retrieve clients back-up files. Client is solely responsible for independent backup of data stored on Providers server and network.

Disclaimer of Warranty
The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. XLPub will pursue all resources and channels available to maintain availability to you, however, XLPub is not responsible for any interruption in service or down time that may occur, whether due to the act or negligence of XLPub. If you are not satisfied with such occurrence of interruption or down time, your only recourse is to relocate your domain to another provider.

XLPub MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither XLPub nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use or non-availability of services provided herein, whether or not such damages resulted from the negligence of XLPub, even if XLPub has been advised to the possibility of such damages.

Agreement
This Agreement, together with all other written agreements between you and XLPub related to your Account, contains the entire understanding between you and XLPub concerning the subject matter of this Agreement. You may not assign its rights and obligations hereunder without first obtaining the prior written consent of XLPub.
You represent that you are of legal age and of capacity to enter into legally binding contracts. You hereby agree that this Agreement and all the terms hereof shall be binding upon you, your heirs, executors, administrators, personal representatives and assigns. This Agreement shall inure to the benefit of XLPub and its successors, assigns and agents.
If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions of this Agreement.
This Agreement shall be deemed to have been made in the State of California, the United States of America and shall be construed, and the rights and liabilities of the parties determined, in accordance with the laws of the State of California. Should litigation be necessary to enforce the terms of this Agreement, you agree that such litigation shall take place in the County of Los Angeles, California. If litigation should be brought in any other county or country, you agree to pay all costs incurred in bringing the litigation to its proper jurisdiction.
Except as specifically permitted in this Agreement, no provision of this Agreement can be, nor be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorized officer of XLPub.

Opening Your Account
You may apply to open an Account with us by completing the Order Form. You warrant and represent that the information you supply in the Order Form (or other information that XLPub may require) is accurate and truthful. You also expressly authorize XLPub to obtain reports concerning your credit standing and business conduct. Upon your written request, we will inform you whether we have obtained credit reports, and, if so, we will provide you with the name and address of the reporting agency that furnished the reports.

Cost and Payment
You agree to pay the charge for the Service as indicated on XLPub's website. You grant XLPub the right to debit the credit card or account you provided on the Order Form for services you signed up for, until such service is cancelled by you in writing or is cancelled by XLPub according to terms of this Agreement. If payment is returned unpaid for any reason by your bank or credit card, you agree to pay the lesser of $100 or three (3) times the amount of the charge. Reports of such non-payment or non-compliance with this Agreement may be placed on your credit card. XLPub has a No Refund policy on set up fees, except in cases where the user account name was set up BEFORE it is established on the network.

Payment Obligations
Your account will be automatically renewed under the same time and fee structure unless you give written notice to XLPub fifteen (15) days before the renewal date that you do not wish to renew such account. Cancellation request must be made by completing and submitting the Online Cancellation Form. If no correct notice of cancellation will be given, all contracts will automatically renewed for another term under the same conditions. If your form of payment was other than credit card, payment for renewal must be received by XLPub ten (10) days before renewal date. If payment was not received 10 days before renewal date, your account will be terminated. Once your account is terminated, you will need to pay for the set up fee and the monthly fees to reopen the account.
XLPub may terminate your Account at any time and for any reason, including but not limited to non-payment, violation of terms and conditions, usage of the service in violation of state, federal or local law. You may terminate your Account at any time by giving us written notice via e-mail. If you terminate service, it may take up to five (5) business days before billing stops.
Notices and communications delivered to the electronic-mail address provided by you shall, until XLPub has received notice in writing of any different address, be deemed to have been personally delivered to you whether actually received or not.

Limited 30-day Money Back Guarantee
If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees and overages. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund.
After the 30 day period, there are no refunds if the service contract is cancelled by client before the regular renewal date. All cancellations must be received in writing as per the deadlines indicated; regular mail, e-mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation.