XtremeZones: Terms of Use

XtremeZones (the "Services"), a product that provides businesses and web site operators a software application to create, launch, and manage online bulk SMS and email campaigns/newsletters. The Service must not be used for the sending of unsolicited email or automatically generated phone numbers (sometimes called "spam").

By accepting the "TOS" and the "Privacy Policy" anc clicking the "Confirm" button, you accept these Terms and Conditions:

Services and Support

All Services provided by XtremeZones are subject without limitation to this Agreement. The services are also subject to XtremeZones' Privacy Policy. XtremeZones may modify the terms of the Agreement and may discontinue, or revise any or all other aspects of the Services at its sole discretion. Updated versions of this Agreement on the Services will be posted on the "Terms of Use" page on www.xtremezones.com/tos.php. All changes become effective upon the posting of the revised Agreement on the Services.

The Services are available only to individuals who can form legally binding contracts. You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files and for all uses of your account and of the Services in your name. XtremeZones reserves the right to refuse registration, or cancel accounts if it deems inappropriate.

Fees

The Services will be subject to monthly, bi-annual, or annual subscription fees. Monthly, bi-annual, or annual subscriptions are billed monthly, bi-annually, or annually, in advance, according to the Fee Schedule selected by you at sign up. Monthly, bi-annual, and annual send credits expire at the end of each period, but extra send credits do not. The Fee Schedule, including subscriber levels and prices, are subject to change at any time.
Payment of your XtremeZones services subscription will be made by a valid credit card accepted by XtremeZones using the Linkpoint transaction system. You hereby authorize XtremeZones to charge your credit card for such amounts on a regular basis, generally on the renewal date of your Subscription to XtremeZones. Fees are payable in (USD, EU, LBP) currencies. If XtremeZones, for any reason is unable to effect automatic payment via your credit card, you will be notified via email and your account will be disabled until payment is received.

Refunds - Given at least 5 working days notice in writing, XtremeZones may offer a refund, at their discretion.

Restrictions and Responsibilities

Termination

If your account is terminated due to Spam Complaints and/or fraud, amounts previously charged will not be refunded under any cirscumstances. You may terminate this Agreement at any time by sending an email message to support@xtremezones.com.

XtremeZones may immediately terminate this Agreement, and suspend access to its services without refund if you are in violation of any of terms outlined in the above section "Restrictions and Responsibilities".

XtremeZones will delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

Warranty Disclaimer Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. XTREMEZONES INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND XTREMEZONES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or non-performance of the Services shall be for XtremeZones to use commercially reasonable efforts to adjust or repair the Services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHAL XTREMEZONES INC. OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS XTREMEZONES) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF XTREMEZONES SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, XTREMEZONES IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, THE LIABILITY OF XTREMEZONES TO YOU, WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous