X-synergy Solutions


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Terms of Use
Last Modified—11/10/2003 All users of X-synergy Group Pte Ltd (otherwise known as X-synergy) services, and all customers upon signing up for X-synergy's services, agree to comply with X-synergy's Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using X-synergy's services in conformity with the requirements of X-synergy's environment. The TOU are not exhaustive and X-synergy reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.x-synergy.com or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to info@x-synergy.com. The TOU supersedes any other agreement with X-synergy, whether written, oral, by conduct, or otherwise. A. X-synergy Virtual Office Solutions B. X-synergy Webhosting & Ecommerce Customer Restrictions C. All X-synergy Customer Terms of Use D. All X-synergy Customer Billing Policy A. X-synergy Virtual Office Solutions The following Terms of Use apply only to X-synergy's Virtual Office Customers: Virtual Office Packages The terms of use is supplemented by the terms in sections C and D that apply to all X-synergy customers. All currencies online are in local Singapore Dollars unless otherwise stated. Payment via Paypal will be in US currency only. The amount reflected on all prices online and on marketing materials is in Singapore dollars, net amount and should not include bank charges or any financial service charges incurred. Any other cost, bank charges or financial cost will be borne by the customer. Cheques should be cross and made payable to: “X-SYNERGY GROUP PTE LTD" Conference Room & Workstation Facilities X-synergy allows customers the use of conference room & workstation facilities inside the X-synergy office premises as long as the use of them does not violate any of the following: not to cook or permit to cook in the above mentioned premises, not to reside in or permit any person to reside in any part of the mentioned premises or use the same or permit the same to be used for sleeping purposes; not to open any windows while the air-conditioning plant is in operation except for the purposes of cleaning or allowing the same to be cleaned; not to throw or permit to be thrown dirt rubbish rags boxes or other refuse except into the proper bins or other containers provided for such purpose. Please note that two days advance booking is required for renting of conference rooms. Conference Room will be subjected to availability. In the event of a cancellation, an admin fee of $5 will be charged. A detailed tenancy agreement will be issued to tenants interested in taking up the workstation facilities. Minimum contractual period is 6 months. A month's deposit and a month's rent is to be paid in advance. Workstation Rental include PUB/Aircon and Fire Insurance but do not include telecommunication services. For more info on tenancy agreement, please email info@x-synergy.com Telecommunications Services(Platinum Plus Package only): Please note that all new phone line applications will take 3-5 workings days before activation. Please note that all overseas redirected calls carry IDD charges which will be deductible from a refundable deposit of US$20. The remainder of the deposit will be refunded back accordingly. This is only applicable for clients who wish to redirect their line. A one-time setup fee of US$50 will be charged for redirection services which will be paid to the Singapore Telco Company, SingTel. (No deposit or setup fee charges will be required for those who wish to engage the Phone Answering Services only.) B. X-synergy Web Hosting & Ecommerce Customer Restrictions The following Terms of Use apply only to X-synergy's Web Hosting and Ecommerce customers, and supplement the terms in sections C and D that apply to all X-synergy customers: Server Resources Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. X-synergy will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and Ecommerce accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of US$9.95/month. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. Spamming Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to X-synergy's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a server, and selling or distributing software (on a Web site residing on a server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. X-synergy reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. CGI Scripts Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. X-synergy does not permit CGI script sharing with domains not hosted by X-synergy or any scripts that may be abused for UCE purposes. Chat Rooms X-synergy does not allow Web Hosting and Ecommerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, X-synergy provides Java chat rooms that meet most users' needs and run without hindering system performance. Background Running Programs and Cron Jobs X-synergy may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Ecommerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact X-synergy at info@x-synergy.com so that we can arrange set-up. IRC X-synergy does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers. Software Distribution X-synergy's Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact rudy@x-synergy.com to make special arrangements. Multimedia Files Multimedia files are defined as any graphics, audio, and video files. X-synergy Web Hosting and Ecommerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files Databases Any database stored on X-synergy's Web Hosting and Ecommerce servers will be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account. C. All X-synergy Customer Terms of Use The following Terms of Use apply to ALL X-synergy customers: X-synergy Services X-synergy's services include, but are not limited to: any virtual office packages or office space, including conference room facilities, any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that X-synergy provides to customers); any use by customers, or any access provided to customers by X-synergy, of computing, telecommunications, software, information, hardware, and equipment; any act, or provision of any service, by X-synergy to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not; any provision by X-synergy to customers, of any space, Internet connectivity, or electrical power; any access or use related to the X-synergy's Web site, including the Web site itself; any other service mentioned in the TOU; any other service provided by X-synergy to customers, whether used or not; any other X-synergy services that are used by customers, whether offered or provided by X-synergy to customers. Ownership of Web Site The legal owner of customers' Web sites and accounts with X-synergy will be the individual or organization whose name is listed in X-synergy's database as the owner. Customers will fully cooperate with and abide by any and all of X-synergy's security measures and procedures in the event of any dispute over ownership of customers' web sites and accounts with X-synergy. Illegal Use X-synergy servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing X-synergy services, all X-synergy customers certify that they and/or the organization they represent in procuring services from X-synergy are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto. Spamming Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to X-synergy's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a X-synergy server, and selling or distributing software (on a Web site residing on a X-synergy server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. X-synergy reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. System and Network Abuse Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Viruses and Other Destructive Activities Use of X-synergy's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use X-synergy's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet. Copyright Violations The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All X-synergy customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a X-synergy customer (per the DMCA) to X-synergy must follow the below procedures. Copyright infringement notifications submitted to X-synergy according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at X-synergy's sole discretion. DMCA Copyright Infringement Notification Requirements Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant"). Identification of the copyrighted work(s) claimed to have been infringed. Identification of the material claimed to infringe the copyright(s), and enough information for X-synergy to locate it including URLs and specific descriptions of the infringing material at each URL. The Claimant's name, address, and telephone number(s). A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner. Mail the notification to: X-synergy Group Pte Ltd Legal Department - DMCA Complaints 1 North Bridge Road, High Street Centre Singapore 179094, Singapore Adult Content Pornography and sex-related merchandising are prohibited on X-synergy servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites. Child Pornography The use of X-synergy 's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. X-synergyis required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services. Privacy X-synergy is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, X-synergy urges its customers to assume that all of their on-line communications are insecure. X-synergy cannot take any responsibility for the security of information transmitted over X-synergy's facilities. Customer Responsibility Customers are required to use the X-synergy network responsibly. This includes respecting the other customers of X-synergy. X-synergy reserves the right to suspend and/or cancel service with any customer who uses the X-synergy network in such a way that adversely affects other X-synergy customers. While X-synergy may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, X-synergy does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when X-synergy becomes aware of any violation of the TOU or other user agreements, X-synergy may take any action to stop or correct such violation, including, but not limited to, denying access to X-synergy's services and equipment or to the Internet. In addition, X-synergy may take action against a customer or a customer of such customer because of the activities of such customer. X-synergy anticipates that customers who offer Internet services will cooperate with X-synergy in any corrective or preventive action that X-synergy deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of X-synergy policy and X-synergy reserves the right to take any such action even though such action may affect other customers of the X-synergy customer. Actions Taken by X-synergy The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. X-synergy will be the sole arbiter as to what constitutes a violation of the TOU. X-synergy reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When X-synergy becomes aware of an alleged violation of its TOU, X-synergy will initiate an investigation. During the investigation, X-synergy may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, X-synergy may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, X-synergy will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. X-synergy does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by X-synergy. Indemnification X-synergy customers agree to protect, defend, hold harmless, and indemnify X-synergy, any third party entity related to X-synergy (including, without limitation, third party vendors), and X-synergy's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as X-synergy, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of X-synergy's services. Disclaimer The X-synergy service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. X-synergy expressly disclaims any representation or warranty that the X-synergy service will be error-free, secure or uninterrupted. No oral advice or written information given by X-synergy, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. X-synergy and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. Termination for Bankruptcy or Insolvency If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, X-synergy may immediately terminate provision of X-synergy's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against X-synergy in such event. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL X_SYNERGY (INCLUDING, WITHOUT LIMITATION, X-SYNEGY'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS X-SYNERGY, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING X-SYNERGY'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR X-SYNERGY SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY X-SYNERGY SERVICES EVEN IF X-SYNERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. X-SYNERGY'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR X-SYNERGY'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY X-SYNERGY OR X-SYNERGY'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE. Modifications X-synergy may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with X-synergy's services. Certain changes to X-synergy's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and X-synergy is not liable, for any and all such personalized applications and content, except as expressly agreed to by X-synergy. Backup of Data Except where X-synergy has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and X-synergy is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with X-synergy services. Third Party Licenses X-synergy makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, X-synergy makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, X-synergy specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold X-synergy liable in any way for the revocation of any license, which has been licensed to X-synergy. The use of the Technologies obtained from or through X-synergy, or any other referred third party, whether directly or indirectly, is at the sole risk of customers. Non-X-synergy Products Any mention of non-X-synergy products by X-synergy, its employees, or any third party entity related to X-synergy is for information purposes only and does not constitute an endorsement or recommendation by X-synergy. X-synergy disclaims any and all liabilities for any representation or warranty made by the vendors of such non-X-synergy products or services. X-synergy's Intellectual Property Customers will not, without X-synergy's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on X-synergy's Web site, and customers will not use any of X-synergy's trademarks, service marks, copyrighted materials, or other intellectual property without X-synergy's express written consent. Customers will not, in any way, misrepresent their relationship with X-synergy, attempt to pass themselves off as X-synergy, or claim that customers are X-synergy. Assignment Customers may not assign or delegate their rights or obligations under the TOU or other agreement for X-synergy's services, either in whole or in part, without the prior written consent of X-synergy. Minimum Age Requirement X-synergy customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a X-synergy customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for X-synergy services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains X-synergy's express written consent to the contrary. Any acceptance of the TOU or any other agreement for X-synergy's services will be deemed null and void to the extent that X-synergy will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of X-synergy's services. Governing Law and Severability The TOU, and any other agreement for X-synergy services, will be governed by and construed in accordance with the laws of Singapore without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and X-synergy will take place in Singapore, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other X-synergy agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect. Force Majeure X-synergy will not be liable for delays in its performance of the TOU or X-synergy services caused by circumstances beyond X-synergy's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). X-synergy will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and Amendment Any waiver, modification, or amendment of any provision of the TOU or other agreement for X-synergy services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of X-synergy. Independent Contractors Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between X-synergy and its customers. Each of X-synergy and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein. Construction and Interpretation Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU. Complete Agreement and Exclusivity The TOU, and/or any other specific agreement for X-synergy services, constitutes the complete understanding and agreement between X-synergy and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of X-synergy, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for X-synergy services is between X-synergy and its customers only and will not confer any rights in any third party except as otherwise expressly provided by X-synergy. D. All X-synergy Customer Billing Policy The following Terms of Use constitute X-synergy's Billing Policy and apply to ALL X-synergy customers: Payments All charges are shown in US Dollars for Online Payments. Payments are to be made in US dollars. X-synergy accepts the following types of payment: Check or Money Order Credit Card (VISA, MasterCard, American Express) Bank WireTransfer PayPal All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Paypal your credit card information, you authorize Paypal to automatically charge your credit or debit card for charges that apply to your account. X-synergy partners with the global leader in online payments, Paypal. It's fast, easy and secure. Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date. Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees. Billing Cycles (Terms) X-synergy offers only one Billing Cycle (terms) for online charges: Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the monthly Billing Cycle for all of their charges. Non-credit card payment methods are limited to Annual or Quarterly Billing Cycles. You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal. All additional features added to an account are charged monthly. Additional items are non-refundable. Account Renewals Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. A month's notification will be made via email or sms to inquire for renewal. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below. Statements X-synergy does not mail paper invoices or statements for online transactions. Customers may elect to receive their account billing statement via email. Fees Returned (NSF) Checks X-synergy charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order. Credit Card Chargebacks A $25.00 chargeback fee will be assessed for each credit card chargeback received by X-synergy. Bank Wire Payments X-synergy does NOT charge fees for accepting payment via bank wire, however, international wire transfers may be assessed a $20.00USD processing fee by an intermediary bank in New York. In addition, your issuing bank may also charge a fee for sending the wire. Please add these fees to the amount that you are sending to X-synergy or the amount credited to your account will be less than your intended payment. Reactivation Customers that wish to reactivate a closed account will be assessed a $19.95 reactivation fee. Hosting Plan Changes Customers electing to change to a lower priced hosting plan on the same platform will be charged a $19.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans. Platform Change Customers that elect to change plans to a different operating system platform will be charged a $19.95 platform change fee. Account Splits and Mergers X-synergy encourages customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that X-synergy separate one or more plans contained under one account into separate accounts. The fee for this service is $19.95 for each new account created and is charged to the new account. Please direct all requests for these services to: info@x-synergy.com. Cancellations Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact X-synergy's Customer Service Team, Monday through Friday, 10:00 A.M. to 5:00 P.M. X-synergy's customer service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Non-Singapore customers may contact X-synergy's Billing Team via email at info@x-synergy.com. Cancellation requests must be received by X-synergy a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by X-synergy. X-synergyis unable to cancel your account effective for a future date. X-synergy will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact X-synergy as soon as possible. X-synergy does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to X-synergy's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. X-synergy reserves the right to cancel any account, at any time, without notice, for any reason X-synergy considers appropriate. 30-Day Money Back Guarantee Each of X-synergy's virtual office & shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees & Paypal transactional fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees. Refund Policy Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the form of cheque payments. Refunds will take 1-3 working days for Singapore clients & 10-21 working days for overseas clients. There are no refunds offered or promised after 30 days. Credit Card Disputes/Chargebacks X-synergy has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at X-synergy's discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback. Billing/Price Changes X-synergy's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

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Terms of Use
Last Modified—11/10/2003 All users of X-synergy Group Pte Ltd (otherwise known as X-synergy) services, and all customers upon signing up for X-synergy's services, agree to comply with X-synergy's Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using X-synergy's services in conformity with the requirements of X-synergy's environment. The TOU are not exhaustive and X-synergy reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.x-synergy.com or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to info@x-synergy.com. The TOU supersedes any other agreement with X-synergy, whether written, oral, by conduct, or otherwise. A. X-synergy Virtual Office Solutions B. X-synergy Webhosting & Ecommerce Customer Restrictions C. All X-synergy Customer Terms of Use D. All X-synergy Customer Billing Policy A. X-synergy Virtual Office Solutions The following Terms of Use apply only to X-synergy's Virtual Office Customers: Virtual Office Packages The terms of use is supplemented by the terms in sections C and D that apply to all X-synergy customers. All currencies online are in local Singapore Dollars unless otherwise stated. Payment via Paypal will be in US currency only. The amount reflected on all prices online and on marketing materials is in Singapore dollars, net amount and should not include bank charges or any financial service charges incurred. Any other cost, bank charges or financial cost will be borne by the customer. Cheques should be cross and made payable to: “X-SYNERGY GROUP PTE LTD" Conference Room & Workstation Facilities X-synergy allows customers the use of conference room & workstation facilities inside the X-synergy office premises as long as the use of them does not violate any of the following: not to cook or permit to cook in the above mentioned premises, not to reside in or permit any person to reside in any part of the mentioned premises or use the same or permit the same to be used for sleeping purposes; not to open any windows while the air-conditioning plant is in operation except for the purposes of cleaning or allowing the same to be cleaned; not to throw or permit to be thrown dirt rubbish rags boxes or other refuse except into the proper bins or other containers provided for such purpose. Please note that two days advance booking is required for renting of conference rooms. Conference Room will be subjected to availability. In the event of a cancellation, an admin fee of $5 will be charged. A detailed tenancy agreement will be issued to tenants interested in taking up the workstation facilities. Minimum contractual period is 6 months. A month's deposit and a month's rent is to be paid in advance. Workstation Rental include PUB/Aircon and Fire Insurance but do not include telecommunication services. For more info on tenancy agreement, please email info@x-synergy.com Telecommunications Services(Platinum Plus Package only): Please note that all new phone line applications will take 3-5 workings days before activation. Please note that all overseas redirected calls carry IDD charges which will be deductible from a refundable deposit of US$20. The remainder of the deposit will be refunded back accordingly. This is only applicable for clients who wish to redirect their line. A one-time setup fee of US$50 will be charged for redirection services which will be paid to the Singapore Telco Company, SingTel. (No deposit or setup fee charges will be required for those who wish to engage the Phone Answering Services only.) B. X-synergy Web Hosting & Ecommerce Customer Restrictions The following Terms of Use apply only to X-synergy's Web Hosting and Ecommerce customers, and supplement the terms in sections C and D that apply to all X-synergy customers: Server Resources Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. X-synergy will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and Ecommerce accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of US$9.95/month. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. Spamming Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to X-synergy's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a server, and selling or distributing software (on a Web site residing on a server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. X-synergy reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. CGI Scripts Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. X-synergy does not permit CGI script sharing with domains not hosted by X-synergy or any scripts that may be abused for UCE purposes. Chat Rooms X-synergy does not allow Web Hosting and Ecommerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, X-synergy provides Java chat rooms that meet most users' needs and run without hindering system performance. Background Running Programs and Cron Jobs X-synergy may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Ecommerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact X-synergy at info@x-synergy.com so that we can arrange set-up. IRC X-synergy does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers. Software Distribution X-synergy's Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact rudy@x-synergy.com to make special arrangements. Multimedia Files Multimedia files are defined as any graphics, audio, and video files. X-synergy Web Hosting and Ecommerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files Databases Any database stored on X-synergy's Web Hosting and Ecommerce servers will be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account. C. All X-synergy Customer Terms of Use The following Terms of Use apply to ALL X-synergy customers: X-synergy Services X-synergy's services include, but are not limited to: any virtual office packages or office space, including conference room facilities, any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that X-synergy provides to customers); any use by customers, or any access provided to customers by X-synergy, of computing, telecommunications, software, information, hardware, and equipment; any act, or provision of any service, by X-synergy to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not; any provision by X-synergy to customers, of any space, Internet connectivity, or electrical power; any access or use related to the X-synergy's Web site, including the Web site itself; any other service mentioned in the TOU; any other service provided by X-synergy to customers, whether used or not; any other X-synergy services that are used by customers, whether offered or provided by X-synergy to customers. Ownership of Web Site The legal owner of customers' Web sites and accounts with X-synergy will be the individual or organization whose name is listed in X-synergy's database as the owner. Customers will fully cooperate with and abide by any and all of X-synergy's security measures and procedures in the event of any dispute over ownership of customers' web sites and accounts with X-synergy. Illegal Use X-synergy servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing X-synergy services, all X-synergy customers certify that they and/or the organization they represent in procuring services from X-synergy are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto. Spamming Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to X-synergy's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a X-synergy server, and selling or distributing software (on a Web site residing on a X-synergy server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. X-synergy reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. System and Network Abuse Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Viruses and Other Destructive Activities Use of X-synergy's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use X-synergy's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet. Copyright Violations The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All X-synergy customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a X-synergy customer (per the DMCA) to X-synergy must follow the below procedures. Copyright infringement notifications submitted to X-synergy according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at X-synergy's sole discretion. DMCA Copyright Infringement Notification Requirements Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant"). Identification of the copyrighted work(s) claimed to have been infringed. Identification of the material claimed to infringe the copyright(s), and enough information for X-synergy to locate it including URLs and specific descriptions of the infringing material at each URL. The Claimant's name, address, and telephone number(s). A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner. Mail the notification to: X-synergy Group Pte Ltd Legal Department - DMCA Complaints 1 North Bridge Road, High Street Centre Singapore 179094, Singapore Adult Content Pornography and sex-related merchandising are prohibited on X-synergy servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites. Child Pornography The use of X-synergy 's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. X-synergyis required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services. Privacy X-synergy is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, X-synergy urges its customers to assume that all of their on-line communications are insecure. X-synergy cannot take any responsibility for the security of information transmitted over X-synergy's facilities. Customer Responsibility Customers are required to use the X-synergy network responsibly. This includes respecting the other customers of X-synergy. X-synergy reserves the right to suspend and/or cancel service with any customer who uses the X-synergy network in such a way that adversely affects other X-synergy customers. While X-synergy may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, X-synergy does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when X-synergy becomes aware of any violation of the TOU or other user agreements, X-synergy may take any action to stop or correct such violation, including, but not limited to, denying access to X-synergy's services and equipment or to the Internet. In addition, X-synergy may take action against a customer or a customer of such customer because of the activities of such customer. X-synergy anticipates that customers who offer Internet services will cooperate with X-synergy in any corrective or preventive action that X-synergy deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of X-synergy policy and X-synergy reserves the right to take any such action even though such action may affect other customers of the X-synergy customer. Actions Taken by X-synergy The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. X-synergy will be the sole arbiter as to what constitutes a violation of the TOU. X-synergy reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When X-synergy becomes aware of an alleged violation of its TOU, X-synergy will initiate an investigation. During the investigation, X-synergy may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, X-synergy may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, X-synergy will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. X-synergy does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by X-synergy. Indemnification X-synergy customers agree to protect, defend, hold harmless, and indemnify X-synergy, any third party entity related to X-synergy (including, without limitation, third party vendors), and X-synergy's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as X-synergy, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of X-synergy's services. Disclaimer The X-synergy service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. X-synergy expressly disclaims any representation or warranty that the X-synergy service will be error-free, secure or uninterrupted. No oral advice or written information given by X-synergy, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. X-synergy and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. Termination for Bankruptcy or Insolvency If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, X-synergy may immediately terminate provision of X-synergy's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against X-synergy in such event. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL X_SYNERGY (INCLUDING, WITHOUT LIMITATION, X-SYNEGY'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS X-SYNERGY, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING X-SYNERGY'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR X-SYNERGY SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY X-SYNERGY SERVICES EVEN IF X-SYNERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. X-SYNERGY'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR X-SYNERGY'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY X-SYNERGY OR X-SYNERGY'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE. Modifications X-synergy may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with X-synergy's services. Certain changes to X-synergy's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and X-synergy is not liable, for any and all such personalized applications and content, except as expressly agreed to by X-synergy. Backup of Data Except where X-synergy has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and X-synergy is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with X-synergy services. Third Party Licenses X-synergy makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, X-synergy makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, X-synergy specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold X-synergy liable in any way for the revocation of any license, which has been licensed to X-synergy. The use of the Technologies obtained from or through X-synergy, or any other referred third party, whether directly or indirectly, is at the sole risk of customers. Non-X-synergy Products Any mention of non-X-synergy products by X-synergy, its employees, or any third party entity related to X-synergy is for information purposes only and does not constitute an endorsement or recommendation by X-synergy. X-synergy disclaims any and all liabilities for any representation or warranty made by the vendors of such non-X-synergy products or services. X-synergy's Intellectual Property Customers will not, without X-synergy's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on X-synergy's Web site, and customers will not use any of X-synergy's trademarks, service marks, copyrighted materials, or other intellectual property without X-synergy's express written consent. Customers will not, in any way, misrepresent their relationship with X-synergy, attempt to pass themselves off as X-synergy, or claim that customers are X-synergy. Assignment Customers may not assign or delegate their rights or obligations under the TOU or other agreement for X-synergy's services, either in whole or in part, without the prior written consent of X-synergy. Minimum Age Requirement X-synergy customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a X-synergy customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for X-synergy services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains X-synergy's express written consent to the contrary. Any acceptance of the TOU or any other agreement for X-synergy's services will be deemed null and void to the extent that X-synergy will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of X-synergy's services. Governing Law and Severability The TOU, and any other agreement for X-synergy services, will be governed by and construed in accordance with the laws of Singapore without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and X-synergy will take place in Singapore, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other X-synergy agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect. Force Majeure X-synergy will not be liable for delays in its performance of the TOU or X-synergy services caused by circumstances beyond X-synergy's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). X-synergy will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and Amendment Any waiver, modification, or amendment of any provision of the TOU or other agreement for X-synergy services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of X-synergy. Independent Contractors Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between X-synergy and its customers. Each of X-synergy and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein. Construction and Interpretation Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU. Complete Agreement and Exclusivity The TOU, and/or any other specific agreement for X-synergy services, constitutes the complete understanding and agreement between X-synergy and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of X-synergy, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for X-synergy services is between X-synergy and its customers only and will not confer any rights in any third party except as otherwise expressly provided by X-synergy. D. All X-synergy Customer Billing Policy The following Terms of Use constitute X-synergy's Billing Policy and apply to ALL X-synergy customers: Payments All charges are shown in US Dollars for Online Payments. Payments are to be made in US dollars. X-synergy accepts the following types of payment: Check or Money Order Credit Card (VISA, MasterCard, American Express) Bank WireTransfer PayPal All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Paypal your credit card information, you authorize Paypal to automatically charge your credit or debit card for charges that apply to your account. X-synergy partners with the global leader in online payments, Paypal. It's fast, easy and secure. Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date. Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees. Billing Cycles (Terms) X-synergy offers only one Billing Cycle (terms) for online charges: Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the monthly Billing Cycle for all of their charges. Non-credit card payment methods are limited to Annual or Quarterly Billing Cycles. You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal. All additional features added to an account are charged monthly. Additional items are non-refundable. Account Renewals Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. A month's notification will be made via email or sms to inquire for renewal. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below. Statements X-synergy does not mail paper invoices or statements for online transactions. Customers may elect to receive their account billing statement via email. Fees Returned (NSF) Checks X-synergy charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order. Credit Card Chargebacks A $25.00 chargeback fee will be assessed for each credit card chargeback received by X-synergy. Bank Wire Payments X-synergy does NOT charge fees for accepting payment via bank wire, however, international wire transfers may be assessed a $20.00USD processing fee by an intermediary bank in New York. In addition, your issuing bank may also charge a fee for sending the wire. Please add these fees to the amount that you are sending to X-synergy or the amount credited to your account will be less than your intended payment. Reactivation Customers that wish to reactivate a closed account will be assessed a $19.95 reactivation fee. Hosting Plan Changes Customers electing to change to a lower priced hosting plan on the same platform will be charged a $19.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans. Platform Change Customers that elect to change plans to a different operating system platform will be charged a $19.95 platform change fee. Account Splits and Mergers X-synergy encourages customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that X-synergy separate one or more plans contained under one account into separate accounts. The fee for this service is $19.95 for each new account created and is charged to the new account. Please direct all requests for these services to: info@x-synergy.com. Cancellations Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact X-synergy's Customer Service Team, Monday through Friday, 10:00 A.M. to 5:00 P.M. X-synergy's customer service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Non-Singapore customers may contact X-synergy's Billing Team via email at info@x-synergy.com. Cancellation requests must be received by X-synergy a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by X-synergy. X-synergyis unable to cancel your account effective for a future date. X-synergy will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact X-synergy as soon as possible. X-synergy does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to X-synergy's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. X-synergy reserves the right to cancel any account, at any time, without notice, for any reason X-synergy considers appropriate. 30-Day Money Back Guarantee Each of X-synergy's virtual office & shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees & Paypal transactional fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees. Refund Policy Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the form of cheque payments. Refunds will take 1-3 working days for Singapore clients & 10-21 working days for overseas clients. There are no refunds offered or promised after 30 days. Credit Card Disputes/Chargebacks X-synergy has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at X-synergy's discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback. Billing/Price Changes X-synergy's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

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