1. ACCEPTANCE OF TERMS
  2. Welcome to the Xtenit site and services. Use of the Xtenit web site and the services available to users from this web site are subject to the following Terms of Service ("TOS"). Please read the TOS carefully before using the Xtenit service and website, as your use of the web site or services will signify your assent to be bound by the terms and conditions contained in this TOS.

  3. DESCRIPTION OF SERVICE
  4. The Xtenit application site (the "Service") is a collection of applications for delivering communications between sender and receiver. Subject to the TOS, any registered user can create a Xtenit application. Also, subject to the TOS, any registered user may also subscribe to or join other Xtenit applications that are publicly open and listed on this site. Creators of Xtenit applications are able to put links on their own websites that will give visitors direct access to the Xtenit applications that they have created.

  5. YOUR REGISTRATION OBLIGATIONS
  6. In consideration of use of the Service, users agree to: (a) provide true, accurate, current and complete information about themselves as prompted by the Service's registration form (such information being the ``Registration Data'') and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If users provide any information that is untrue, inaccurate, not current or incomplete, or Xtenit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Xtenit has the right to suspend or terminate user accounts and refuse any and all current or future use of the Service (or any portion thereof).

  7. XTENIT PRIVACY POLICY
  8. Registration Data and certain other information about users is subject to our privacy policy. For more information, please see our full policy description.

  9. MEMBER ACCOUNT, PASSWORD AND SECURITY
  10. Users will receive a password and account designation upon completing the Service's registration process. Users are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under user password or account. Users agree to (a) immediately notify Xtenit of any unauthorized use of user password or account or any other breach of security, and (b) ensure that users exit from their accounts at the end of each session. Xtenit cannot and will not be liable for any loss or damage arising from failure to comply with this Section.

  11. ACCEPTABLE USE POLICY
  12. Users of the Xtenit services and web site ("Service") understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that users, and not Xtenit, are entirely responsible for all Content that is uploaded, posted, emailed or otherwise transmitted via the Service. Xtenit does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Xtenit be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

    Users agree not to use the Service to:

    1. upload, post, send, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. harm minors in any way;
    3. impersonate any person or entity, including, but not limited to, a Xtenit official, moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    5. upload, post, send, email or otherwise transmit any Content that users do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    6. upload, post, send, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
    7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    8. upload, post, send, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    9. harvest or otherwise collecting information about others, including email addresses, without their consent.
    10. send, email or otherwise transmit unsolicited messages to any email addresses obtained from any purchased or harvested email lists in which the recipient did not expressly request to receive email messages from the sending entity.
    11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
    12. create false, misleading or duplicative addresses for group members in order to disguise the destination of any Content transmitted through the Service;
    13. harass or "Stalk" another user or any inpidual, group, or organization;

    Users acknowledge that Xtenit does not pre-screen Content, but that Xtenit and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Xtenit and its designees shall have the right to remove any Content that violates the Acceptable User Policy of this section or is otherwise objectionable. Users agree that they must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

    Users acknowledge and agree that Xtenit may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Acceptable Use Policy of this section; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Xtenit, its users and the public.

    PUBLIC CONTENT POSTED

    Xtenit respects the intellectual property of others, and we ask users to do the same. Users must abide by all copyright notices, information, or restrictions contained in or attached to any Content or portion of the Service.

    NO RESALE OF SERVICE

    Users agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Service, use of the Service or access to the Service. Accept as permitted in this or amending agreements.

  13. INDEMNITY
  14. Users agree to indemnify, defend and hold harmless Xtenit, and its subsidiaries, affiliates, officers, directors, employees, consultants, agents and licensors from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from failure to comply with the TOS, infringement, violation or misappropriation of any intellectual property or other right of a third party, Content, Xtenit Applications, or from violation of any applicable law.

  15. CHANGES TO THE SERVICE OR TOS
  16. Xtenit reserves the right to modify, suspend, or discontinue all or any portion of the Service at any time, with or without notice. Unless explicitly stated otherwise, any new features that modify or enhance the current Service, including the release of new features or software applications by Xtenit, shall be subject to the TOS. Users agree that Xtenit shall not be liable to any user or to any third party for any modification, suspension or discontinuance of the Service.

    Xtenit reserves the right to modify the TOS at any time. Any modifications shall be effective upon the earlier of the posting by Xtenit of the modified TOS at the following URL http://xis.xtenit.com, or direct e-mail notification of the changes to administrative users. Users agree to review these TOS periodically so that they are aware of any modifications. Continued use the Service shall be deemed acceptance of the modified TOS. Users agree that the above-listed standards for notice of changes are reasonable.

  17. TERMINATION AND FAILURE TO COMPLY WITH TOS
  18. Users acknowledge and agree that Xtenit may suspend or terminate user accounts and/or deny access to, use of, or submission of Content or Xtenit Applications for, all or part of the Service, without prior notice, if a users engage in any conduct that Xtenit believes, in its sole discretion: (a) violates any term or provision of the TOS, (b) violates the rights of Xtenit or third parties, (c) or is otherwise inappropriate for continued access and use of the Service. In addition, Xtenit reserves the right to terminate inactive membership accounts and any applications associated with the offending users. Users agree that upon termination, we may delete all files and information related to user accounts and may bar user access to their accounts and the Service. Further, users agree that Xtenit shall not be liable to user or any third-party for any termination of user access to the Service. A user account may be discontinued if we are unable to deliver mail to the email address designated. We will also reserve the right to terminate any Xtenit application that is inactive for a period of at least 6months.

  19. LINKS
  20. The Service contains advertisements and links to web sites operated by third parties. Xtenit is not responsible for the content of these web sites or for user transactions with them. Inclusion of advertisements or links to such web sites does not imply any endorsement by Xtenit of any content, advertising, products or other materials on or available from such web sites.

  21. PROPRIETARY RIGHTS
  22. Users acknowledge and agree that: (i) the Service, (ii) Xtenit Applications, contain proprietary and confidential information of Xtenit that is protected by applicable intellectual property and other laws. Users further acknowledge and agree that content contained in sponsor advertisements or information presented to user through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Xtenit or advertisers, users agree not to modify, copy, rent, lease, loan, sell, distribute, transfer, transmit, display, create derivative works based on or in any manner commercially exploit the Service or any Software, in whole or in part. Xtenit grants registered users a personal, non-transferable and non-exclusive right and license to use, reproduce, modify and create Xtenit applications; provided that users do not (and do not allow any third party to) reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in, or use the Software for the purpose of obtaining unauthorized access to the Service.

  23. DISCLAIMER OF WARRANTIES
  24. THE SERVICE CONTAINS CONTENT, XTENIT APPLICATIONS AND OTHER INFORMATION FROM THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. XTENIT DOES NOT MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT, XTENIT APPLICATIONS OR OTHER INFORMATION CONTAINED IN, UPLOADED TO, OR DISTRIBUTED THROUGH THE SERVICE. USERS ACKNOWLEDGE THAT USER WILL BEAR ALL RISKS ASSOCIATED WITH THEIR RELIANCE ON OR USE OF ANY CONTENT, XTENIT APPLICATIONS OR OTHER INFORMATION CONTAINED IN THE SERVICE. THE SERVICE IS PROVIDED TO USER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XTENIT AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, THE CONTENT AND THE XTENIT APPLICATIONS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ALTHOUGH XTENIT INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, XTENIT DOES NOT WARRANT THAT THE SERVICE, THE CONTENT OR THE XTENIT APPLICATIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION, OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

  25. LIMITATION OF LIABILITY
  26. USERS UNDERSTAND THAT IN NO EVENT WILL XTENIT OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DAMAGES FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) USE OR INABILITY TO USE THE SERVICE, (II) RELIANCE ON ANY CONTENT OR XTENIT APPLICATIONS, OR (III) ANY GOODS OR SERVICES ADVERTISED ON THE SERVICE; EVEN IF XTENIT OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

  27. NOTICE
  28. Notices to users may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to users generally on the Service.

  29. TRADEMARK INFORMATION
  30. Xtenit is a service mark of Xtenit, Inc.

  31. VIOLATIONS
  32. Please report violations to customer support support@xtenit.com