1. Backups and Data Loss

    a. Your use of the service is at your sole risk. The company is not responsible for files and data residing on your Cloud PC. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on company servers.

    b. The Company automatically generates backups of all machines once every 24 hours. If loss of data occurs due to an error of The Company, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, The Company will attempt to recover the data from the most recent archive for an extra fee.

     c. No extra fee will be charged to clients where clients and the Company have entered into a professional service agreement to provide data backup services or specific data protection services are included in the service for clients with hosted or out of data center computers and servers.

2. Service Level Definitions

     The Company infrastructure is defined as Company owned and operated infrastructure consisting of solely selected company equipment housed within a single company managed data center space.

3. Zero Tolerance Spam Policy

    a. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated without notice.

    b. The Company reserves the right to require changes or disable as necessary any web site, server, account, database, or other component that does not comply with this policy, at its sole discretion ,the Company also reserves the right to make any such modifications in an emergency at our sole discretion.

     c. The Company reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of the Company. All rights reserved.

4. Content

     You will not in any way use html, ASP, VB, .NET, java or Perl code that will result unnecessary traffic nor will you install any client side applications that will result in excess traffic. The intent of the Company is to provide space to serve web documents, not as an off-site storage area for electronic files. You will also not misrepresent the site in such a way that will result in needless traffic. Some examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, Spamware, Copyrighted MP3s and IRC bots. Xtreme Labsdoes not support; (i) sexually explicit, obscene or pornographic content (whether in text or graphics); (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise) or that promote any illegal activity; and/or (iii) graphic violence. We will terminate any account that does not confirm to these requirements. The Company reserves the right to terminate any account, for any reason, without prior notice or warning.

5. Illegal activities

    a. Illegal activities, to include; unauthorized distribution or copying copyrighted software, violation of US export restrictions, harassment, fraud, trafficking in obscene material, and other illegal activities will be reported to all regulatory, administrative and/or governmental authorities. Xtreme Labs reserves the right to report all such activities.

     b. You are restricted from removing, modifying or obscuring any copyright, trademark or other proprietary rights notices that are contained in or on the Licensed Products.

     c. You are prohibited from reverse engineering, decompiling, or disassembling the Licensed Products, except to the extent that such activity is expressly permitted by applicable law.

6. Price Change

    a. The amount you pay for services will not increase from the date of purchase until the end of the service agreement, unless upgrades in service are requested. The Company reserves the right to change prices listed on Xtreme Cloud Services, and the right to increase or decrease the amount of resources given to plans at any time.

    b. Renewal of service agreements are subject to potential price increases due to software licensing increase, equipment & dependent service cost increase. Customer will be made aware of increases before time of renewal and required to approve price escalations or terminate service agreement.

7. Taxes

     The Company shall not be liable for any taxes or other fees to be paid in accordance with or related to purchase made from the customer or Company servers. Customer also agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold

8. Warranties and Disclaimer

    a. Customer expressly acknowledges and agrees that all use of the services is at customer's sole risk. The Company will not be responsible for any damages your business may suffer. The Company makes no warranties of any kind, expressed or implied for services provided. The Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by the Companyand its employees.

    b. For those services for which the Company offers a system of credits or rebates for services interruptions, regardless of cause, such credits or rebates shall be Customer's sole remedy therefore.

     c. For direct, proven damages arising out of its performance or failure to perform hereunder, the Company’s liability shall be limited to an amount equivalent to the charges actually paid by Customer during the period, in which such damages occur.

     d. Notwithstanding the foregoing, neither the Companynor its affiliates, officers, directors, employees or agents shall be liable to Customer or to any third party for any direct, consequential, incidental, exemplary, or punitive losses or damages, including, without limitation, lost profits or data, regardless of the cause thereof, even if the Companyis advised of the possibility of such loss.

9. Severability

     In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect.

10. The Company undertakes to ensure possibly the highest quality and stability of the Site and the Product, however within the maximum extent allowed by applicable law, the Provider shall not be liable for any breaks or disturbance caused by force majeure or unauthorized activity of third parties.

11. Within the maximum extent allowed by applicable law, the Company shall not be liable for temporary inability to use the Site or the Product, caused by the implementation of new solutions and facilities within the framework of the Site. As much as possible, the Company will be notifying Users of any scheduled breaks in the Site operation and the Product accessibility or any inconveniences that may occur in its use. The Company reserves the right to conduct maintenance works on the IT system equipment used to provide access to the Site and the Product, which may temporarily cause difficulties or make it impossible for Users to use the Product.

12. In special cases affecting the security or stability of the Site and the Product, the Company reserves the right to temporarily reduce or suspend the access to the Site without previously notifying Users and to conduct maintenance works aimed to reinstate the security and stability of the Site and the Product.

13. Within the maximum extent allowed by applicable law, the Company shall not bear any liability in case of other Users or third party submitting any claims towards the Company regarding a breach of the Terms of Use or the law in force, either by other Users or by third party. Only a User or third party being in breach of the law in force shall be liable in such a case.