Introduction

The xBrowse.com website (“Service”) is provided by xBrowse Inc. (“Company”). By using the Service you agree to be bound by the following Terms of Service (“Terms”) and all applicable laws and regulations governing the Service.

The Company reserves the right to change these Terms at any time, effective immediately upon posting to the site. Any new features that augment or enhance the current Service shall be subject to the Terms. Your continued usage of the Service constitutes your acceptance of the Terms, available at www.xbrowse.com/terms/. Questions about the Terms may be sent to support@xbrow.se.

Account Terms

1. The Service is not intended for children under 13. By using the Service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents’ permission to use the Service.
2. You may not register accounts with unauthorized automated methods (“bots”).
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
5. You are responsible for using the Service in a private and secure manner. The Company is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as sharing your account password or not logging out of the Service.
6. You are responsible for all Content posted and activity that occurs under your account.
7. You may not use the Service to distribute unsolicited email (“spam”) or malicious content such as viruses or worms. You may not use the Service to test pages that contain viruses or worms.
8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
9. The Company can refuse registration or cancel an account in its sole discretion at any time.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for paying accounts. Free accounts are not required to provide payment information.
2. If you sign up for a Basic, Pro, or Group account, you will be billed immediately for one month of service. If you don’t cancel that account, you will continue to be billed monthly starting on the 30th day after your account was initially created.
3. You may upgrade from the Lite account to any paying plan at any time. You will be billed for your first month immediately upon upgrading.
4. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. The Company does not accept any liability for such loss.

Cancellation and Termination

1. You may cancel your subscription at any time by emailing support@xbrow.se.
2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. The Company reserves the right to suspend or terminate your account at any time for any reason, and is not liable for any damage or loss resulting from such suspension or termination.

Modifications to the Service and Fees

1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. The Company reserves the right to modify any prices of the Service (such as the subscription fees). The Company agrees to provide 30 days notice of any price change, posted to the Service or emailed to all active account holders.

Copyright and Content Ownership

1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
2. The Company does not pre-screen Content, but the Company and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3. The Company owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Service owned by the Company.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying account holders and is only available via email.
3. You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, the Company, or any other Company service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
11. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
12. Any abuse or threatened abuse of other users of the Service or of Company personnel will result in immediate account termination.
13. Any failure of the Company to enforce or exercise a right provided in these terms is not a waiver of that right.
14. Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.
15. These Terms constitutes the entire agreements between you and the Company and supersedes any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms.
16. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. You and the Company each agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state or federal courts in and for Monterey County, California, and hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.