Terms & Conditions

Forword

These TOS (Terms of Service) are active as of May 1st 2006.
The following are the official terms and conditions of XCH (“xtremeclanhost.nl”, “xtremeclanhost.net”, “xtremeclanhost.eu”, “xch.nl”, “Xtreme Cheap Host”, “XCHost”, “Xtreme Clan Host”, “Sitetech” and “XCH”), tradenames of Sitetech, located at Vredenveld 49, 7824 CG Emmen, The Netherlands, here after to be called XCH. These terms and conditions has two components. The first are the terms of the service offered, and the conditions of the offering for both XCH and you the customer. The second are the level of service we offer you which lays out company policy in regards to any type of issue which the customer (meaning the the renter of the server/service offered) has with the server/service offered.

Terminology Used in This Document

Machine defines the rack mounted computer which hosts the application service offered by XCH.
Server will be used to define a game server hosting one of the games and/or mods offered by XCH. Any time ‘server’ is being used to refer to a voice server or website that will be specified.
Website means the main www.xch.nl website. Unless otherwise stated all other website’s hosted by XCH for the purpose of serving data pertaining to XCH fall under the protections of the main www.xch.nl website.
Lag is not a term directly used or accepted in a technical aspect by XCH. View the four elements of what makes up what is typically known as ‘lag’, below:
- Machine Latency is the term often known as ping. The Latency to a server is the time in milliseconds it takes for data to travel to and then back from the machine the server is hosted on. This is the number you would see in a DOS ping.
- Server Latency is virtually identical to the Machine Latency, but includes the time it takes for the server to interpret the data and return it to your game client. This is the ping number you see inside of the game.
- Packet Loss is when data sent to the game server does not arrive there. Many games have meters to see the level of packet loss to the server. In HL/CS/DOD and Quake3 based games it is known as the NetGraph (Lagometer in MOHAA(SH)).
- Choke is when the flow of data going to or from the server is not allowed to flow as widely (meaning as much data) as it would like to be. In HL this is viewable via the NetGraph. It is not listed in any other game as choke, but as the number of packets flowing.

Customer Information

The customer agrees to provide accurate information when they register. Any falsification of registration information with the intent to deceive XCH will render all obligations XCH has towards the customer null and void. Any change of contact information must be edited by the customer in their profile in the members section of the www.xch.nl website.

Usage of Services offered by XCH

Gameservers and the FTP sites associated with them are for the use of only the hosting of the game and making connections to it to play, or to upload files that are to be used by the gameserver software. The customer agrees not to commit any actions which will lower the performance of the gameserver, the other gameservers on the machine, or the machine itself. The customer will not alter any of the settings that affect bandwidth, or CPU usage of the game server. These settings include, but are not limited to: sys_ticrate, sv_maxupdaterate, sv_maxrate, netservermaxtickrate. Any customer who violates/alters these settings and conditions may be subject to a penalty fee of €30 or a written warning, at the descretion of XCH.
Private/Public: Private game- and voiceservers must be locked with a password at all times. Failure in doing so will result in a penalty fee of €30 and the customer will be charged for a public server for the past term and all future terms.
Websites offered by XCH are to be used for the purpose of serving webpages. At no time shall a webhosting account be used as a “file dump” or otherwise have a use which does not pertain to serving web pages for public view. The customer agrees not to commit any actions that use excessive bandwidth, or to excessively use the CPU on the machine.
Domains pointing to websites hosted by XCH have to be registered through XCH. So hosting a website while the domain is registered through an other hosting provider is prohibited.
Voiceservers are to be used specifically for the purpose of voice communication, and no other purpose.
While in/using any machines, servers, or services offered by XCH, you may not: Engage in any activities that would cause excessive distress or slander upon any other person; transmit or copy any data that is not owned, licensed by you, is obscene or racially/ethically objectionable.
Any customer caught Hacking any servers or equipment will have their services terminated and without any refund. Hacking attemps to our or other servers, installing backdoor, sniffers, trojans or any applications or scripts that can be used to gain access to unautorized systems is prohibited. Any of these events will lead to immediate termination of your account. We also reserve the right to disclose any and all information requested by government and law enforcement officials in order to assist in an investigation.
Disk Space The maximum storage space will be defined by what is reasonable based on the game type. ‘Reasonable’ will be defined on a case to case basis by XCH.
Maxplayers on a game server may not be altered from what you are paying for unless express permission is given by XCH. If the server accepts more players than agreed for over 24 hours, the difference will be charged to the client account.
Any service not cancelled: Prior to 30 days before the due date will be assumed to be active and will be billed at the regular rate. The customer agrees that failure to cancel his or her service before the due date obligates him or her to make payment and finish the next term.
The Standard Network Rate/Speed: In our default configs is 25000. This is the max speed that we allow your server to be set to. Adjusting it above this without permission or additional payment will result in increased charges or a €20 penalty fee.
Debranding is only allowed when it is purchased. All gameserver-titles (hostnames) shall start with “xch.nl – “ (without quotes). When a server does not comply to this rule, a debranding fee of € 5 per month will be charged with no prior notification.
IP and Port can be changed at all times by XCH when necessary.
Disallowed Add-ons: XCH does not allow the use of Pingboosters (such as unlag or booster_mm) nor do we allow the use of the TSC for Counter-Strike. We reserve the right to modify this list at any time (we will post changes on the front of the site). Any type of bot may also result in a penalty fee.
Reselling of Services: XCH strictly prohibits reselling of services by the end user without prior written consent of XCH. Reselling is only allowed for Reseller packages This includes sub-letting, renting or otherwise giving someone other then the resgistered account holder unrestrictive access to any service offered by XCH.
Unlawful use of services offered by XCH will result in immediate account termination with no refunds or warning (IE Warez on your server – any programs found on the server that are not freeware or shareware will be considered warez). Adult-, rasism- or other abusive content is not allowed in anyway at our servers. We also reserve the right to disclose any and all information requested by government and law enforcement officials in order to assist in an investigation.

Clients additional terms

Unmanaged: Dedicated machines offered by XCH are to be considered “unmanaged” by definition. They include a licensed copy of the operating system and a method of remote access to the machine. Any and all additional software and licensing will be provided by the customer. This includes any software used on the system.
Forms of Payment: Orders for dedicated machines will only be processed by credit card and banktransfer for quarterly, biannualy, or annually. Other options for Dutch customers is the use of moneycollection. This is only possible when the customer has Dutch bankaccount and is 18 years or older. This is also only processed for quarterly, biannualy, or annually.
Reselling of Services: XCH strictly prohibits the reselling of services offered on a contractual basis. Attempts to resell any portion of subscribed package services will not be tolerated. This includes sub-letting, renting or otherwise giving someone other then the resgistered account holder unrestrictive access to any service offered by XCH.
Pirated Software/Warez unacceptable programs: Instant Messaging Programs (MSN, AIM, IRC, etc.), File-Sharing Programs (P2P, Gneutella, etc.), Warez, Hacks, and anything else that you do not own a legitimate license to own and/or use. Programs of this nature will be deleted immediately and a warning issues. Continued use or distribution of such software may result in account terminiation.
Reinstall/Reload of Operating Systems: OS format and reinstall fees are €75 per event.
Reboot of the server: Reboot fees are € 25 per event.
Limitations of Support: XCH will provide support for any machine hardware or network related issues. Issues related to the client’s actions will be considered the client’s responsibilty.
Security: Clients will be responsible for any and all activity on the machine. Any unauthorized access attempts to and from the machine. This includes altering the routers, switches, or operating systems on the machines themselves in a manor not considered acceptable by XCH, or through any other type of access (such as FTP, Telnet, SSH, etc). Hacking will be determined as attempting to access any system or subsystem you are not given express consent to access. Anyone caught will have service terminated immediately without refund.
Contract Term: The minimal contract term is the payment term. A customer has to choose a payment term in the order process. Two weeks before the end of a payment term, a new invoice is generated for the same term. If this invoice is payed before due date, the service will continue. If however the payment is not received before due date, the service is suspended. The service can be unsuspended within two weeks after due date. After two weeks the service and all it’s data will be terminated and the invoice will be cancelled. For webhosting see Domain Cancellations.
Domain Cancellations: Any domain not cancelled prior to 30 days before the due date will be automatically renewed at the regular rate. This also includes attached webhosting package. The customer agrees that failure to cancel his or her service before the due date obligates him or her to make payment and finish the next term. Domain cancellations must be presented in the form of a Support Ticket addressed to the Billing Department or through the client area.

Guarantees of Service offered by XCH

Network Uptime: Our ISP’s offer us a 99% uptime. This means we guarantee the networks we connect to to be available 707.4 hours out of 720 hours a month (based on a 30 day month) or no more than 13.5 hours of network downtime a month.
Machine Uptime: XCH Reserves the right to have machines down for scheduled maintenance 12 hours a month and unscheduled maintenance 6 hours a month. This does not include downtime for support related issues initiated by the client. For hardware failure we reserve the right to have 48 hours a month for dealing with hardware failure on machines. This includes any downtime for hardware failure on such machines as the webservers and voice machines.
Server Config Related Downtime: XCH offers no guarantee of uptime where the configuration of the game server instance itself is the cause of the downtime. We will work diligently to get it running again if such downtime occurs. While we do monitor game servers for uptime, it is the customer’s responsibility to report any down server issues to us where the cause is misconfiguration.
Compensation For Downtime: If a game server is down for longer than the timelimits specified above the compensation is a 1:1 ratio in days. So if the server is down for 25 hours due to hardware failure we will offer 2 day compensation. To receive 3 days the server would have to be down for over 48 hours, etc….

Billing/Renewal

Cancellation: Cancellation of service must be in writing no later then 30 days before the end of the term. Cancellation requests must be sent to billing@xtremeclanhost.net Only when the client has an written acceptance by XCH, the cancellation is valid.
Overdue Payments: Any overdue payments will result in a termination of the service(s). You will get an overdue reminder. If payments are not received within 7 days after due-date, a late fee of € 2.50 will be charged. If a payment is not received within 30 days after due-date the service(s) and all data will be removed. All outstanding invoices will be handed over to our collecting agency. All handling fees and legal interest will be charged at your account, no exceptions made. The contract will stay active and will not be cancelled until all fees are payed and the cancellationprocedure is done as agreed in these TOS.
Chargebacks: Any Chargeback for services rendered will be subject to an additional €25 fee. Chargebacks will not break of cancel any order or contract.
Credit Card Use: You must be 18 years of age to submit a payment on any of our sites via credit card. Also, if the name and/or address on the credit card do not match the name and/or address on the customer account with XCH the owner of the card must fax us a signed approval allowing us to charge the card.
Refund and Disputes: All refunds will be discussed at the discretion of the management. If you dispute a charge to your credit card issuer that, in XCH’s sole discretion is a valid charge under the provisions of the TOS, you agree to pay XCH an “Administrative Fee” of not less than €50 and not more than €150.

Acknowledgements By User

Computer and Network/Internet Faults: You the user acknowledge that computer and network systems are not fault free and there may be times when these systems experience interruptions and downtime (unavailability). Xtremeclanhost.net does not guarantee uninterrupted service though does make compensation for certain types of interruption as listed earlier in this document. The user agrees that he/she/they shall make no claim of breach of contract for any such interruption.
Copyrights/Trademarks: The user acknowledges that all copyrights and trademarks (registered and unregistered), intellectual property, design rights (registered and unregistered), in the website, the machines and the game servers belongs to Xtremeclanhost.net and the user shall not infringe on any of those rights. This includes copying, distribution and/or modification. The user acknowledges that certain material is supplied under license and that such property rights are owned by the licensor.
Communication: The user acknowledges that they shall not use any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, racial, sexually oriented, or otherwise objectionable material in communication with xtremeclanhost.net, post such material on the xtremeclanhost.net forums, or have such material on their servers and or web sites. xtremeclanhost.net reserves the right to remove any such material it finds objectionable.

Liability

IN NO EVENT WILL XCH BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, DATA OR GOODWILL WHETHER INCURRED OR SUFFERED AS A RESULT OF UNAVAILABILITY OF THE SERVICES, PERFORMANCE, NONPERFORMANCE, NEGLIGENCE, TERMINATION, BREACH OR ACTION OR INACTION UNDER THIS AGREEMENT EVEN IF CLIENT ADVISES XCH OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION ON LIABILITY, HOWEVER, SHALL NOT RELIEVE XCH FROM LIABILITY FOR DIRECT DAMAGES ARISING SOLELY OUT OF XCH’S GROSS NEGLIGENCE OR WANTON OR WILLFUL MISCONDUCT IN PERFORMANCE OF THE HOSTING SERVICES.

Acceptance of Terms

The user of any XCH services, agrees to be bound by these terms and services. Failure to accept these terms and services means the user does not have permission to access any services offered by XCH and must cease use immediately.