Acceptance of Terms
Xanga Premium Services are provided to you under the Xanga Terms of Use as well as this Services Agreement (together the “Agreement”). Xanga reserves the right to make changes to the Agreement at any time without notice to you. Please visit the following links periodically to review the most recent versions:
The Premium Services
Subject to the terms of this Agreement, Xanga will provide Services including the hosting of image files, access to Xanga software to facilitate the creation and maintenance of Internet websites, and hosting of websites powered by Xanga Software.
All materials submitted to Xanga by you in connection with the Services must comply with requirements and limitations set forth in the Xanga Terms of Use. These requirements and limitations are designed primarily to protect our members. Xanga makes every effort to strictly enforce these requirements at all times. Failure to do so, however, does not in any way waive these requirements and limitations or Xanga’s right to enforce them.
Storage Capacity
You are responsible for ensuring that your storage space utilization remains within the maximum allocation associated with your Services Plan. Please visit this link to review current storage limits for each Xanga Service Plan.
Traffic and Bandwidth
Xanga imposes a generous limit of 50MB of download traffic in any 24-hour period. Most sites never reach this traffic limit, but additional bandwidth may be avaliable at an additional charge. Please contact us if you are interested.
Storing of files that cause excessive traffic on Xanga’s servers is discouraged (Xanga Premium Services include software to optimize image files for Internet delivery, in part to help you avoid exceeding traffic limits). External linking of images, another practice that can cause excessive traffic, is strictly prohibited. (For the purposes of this Agreement, “external linking of images” is defined as follows: causing images that are hosted on Xanga’s servers to appear on sites hosted elsewhere, or on any Xanga site other than the one explicitly associated with the Premium Service account).
Sites that exceed their traffic limit may be suspended (temporarily shut down) by Xanga at any time, without prior notification. Xanga reserves the right to immediately terminate your Services and remove your Website or any of your materials from Xanga’s servers if Xanga, in its sole discretion, concludes that you exceeded your traffic limit as a result of a violation of the terms of the Agreement. In the event that Xanga terminates your Services in connection with this paragraph, you will not be entitled to a refund of any fees you have paid to Xanga.
Fees and Payment Policies
Visit this link to review the Fees for Xanga Premium Services. Xanga currently accepts the following credit cards for payment of these fees: Visa, MasterCard, American Express or Discover Card. Xanga also accepts payment via PayPal accounts. All fees are payable in U.S. dollars (unless otherwise noted) to Xanga.com, are non-transferable (e.g. to other Xanga accounts), non-refundable and non-creditable (unless exercising the “Money-Back Guarantee” offer described below).
Xanga reserves the right to change its policies or fees at any time, but will provide you prior notice of any alterations that affect you.
Initial Payments and Renewal Payments
You must pay your first period’s charges prior to Xanga starting your Premium Services.
You will be billed on a periodic billing cycle (1, 6, 12, or 24 months, as determined by you during registration for these Services). If you pay for your services using a credit card or PayPal account, Xanga will automatically bill your credit card or PayPal account on your billing date (your billing date is the periodic anniversary of the day your Premium Services started. For example, if your services started on the 15th day of a given month, you will have a billing date of the 15th in subsequent months).
Xanga does not send invoices by either regular mail or email. If your renewal payment is not received by your billing date, Xanga will consider your services “cancelled” and immediately remove all premium services from your account.
Gifted Premium Services
Xanga lets you purchase premium as a gift for any other Xanga user (in the Xanga Premium Registration process, you’ll see it as an option to, “Give Premium to a Friend”). If you use this gift option, then please note the following:
- Gift Renewals – Gifted Premium Services are not automatically renewed. Your gift purchase is a one-time payment, and the person for whom you purchased the services will be responsible for making renewal payments on subsequent billing dates.
- Gift Refunds – Gifted Premium Services are eligible for the “Money-Back Guarantee” (as described below) only if the Money-Back Guarantee request is submitted by the gift receiver. Gift givers may not request a Money-Back Guarantee on Gifted Premium Services (you can’t take back a gift you’ve already given). If a gift receiver exercises a Money-Back Guarantee, then the refund will go to the gift giver.
Lifetime Premium Accounts
Periodically, Xanga may offer for purchase a limited number of “Lifetime Premium Accounts”. Lifetime Premium Accounts carry all of the same benefits and restrictions as normal Premium Accounts, except for the following:
- One Payment for Unlimited Months of Xanga Premium – after initial payment to activate a Lifetime Account, no additional payments will be owed to maintain basic Xanga Premium services on that account. (Optional additional payments may still be made to add storage space, bandwidth, etc. beyond the basic premium package limits. But no additional payments will be necessary to continue using the basic level of premium services.)
- Non-Refundable – Lifetime Premium Account purchases are not eligible for the Xanga Premium Money-Back Guarantee (as described below). If you are interested in trying Xanga Premium with the option of a Money-Back Guarantee, then we recommend you upgrade first to a normal premium account.
- Pricing – pricing for Lifetime Premium Accounts may vary (both across and within periodic promotions for these accounts). Additional pricing information will be provided as part of each promotion.
Money-Back Guarantee
Customers eligible for the Xanga Premium Money-Back Guarantee (“Money-Back Guarantee”), may elect to cancel their Premium Services and receive a refund equal to 100% of the amount paid to initiate Premium Services. Xanga will issue this refund in the form of a credit to the credit card or PayPal account used during initial registration for these Services. If the credit card or PayPal account used in the initial purchase is no longer active, Xanga will issue this refund in the form of a regular check.
Please Note: Money-Back Guarantees are available only for Initial Payments for Premium Services (for the first time Premium Services are activated on your account). Renewal Payments for existing premium services are not eligible for a Money-Back Guarantee.
To exercise the Money-Back Guarantee you must send a Money-Back Guarantee request through our Premium Customer Service page (http://help.xanga.com/about/contact/premium-customer-service/) within 30 days of the start of your Premium Services. (Please use the words “Money-Back Guarantee” as the subject of the email.)
Money-Back Guarantee requests for Gifted Premium Services must be submitted by the gift receiver. Gift givers may not request a Money-Back Guarantee on Gifted Premium Services (you can’t take back a gift you’ve already given). If a gift receiver exercises a Money-Back Guarantee, then the refund will go to the gift giver.
Xanga imposes a strict limit of one (1) Money-Back Guarantee per individual customer. Individuals who have already claimed a Money-Back Guarantee on Xanga Premium Services are not eligible for additional Money-Back Guarantees. Specifically:
- Only one (1) Money-Back Guarantee shall be applicable per unique Credit Card or unique Xanga Username
- Individuals with multiple Xanga Usernames (or “dopple” accounts) are eligible for a total of one (1) Money-Back Guarantee across all of their multiple Xanga Usernames.
Attempting to claim greater than one Money-Back Guarantee (as determined by Xanga, in its sole discretion) is a violation of this Agreement and will result in immediate termination of Services (and other consequences) as described in the “Termination of Services” section below.
Termination of Services
You may cancel your Premium Services at any time visiting this link:
To avoid automatic billing for a subsequent billing cycle, you must submit your online cancellation request at least 14 days prior to your billing date. Cancellation requests submitted fewer than 14 days prior to a billing date may result in automatic billing of your credit card for one (1) additional billing cycle.
You agree that you are responsible for all fees described in this Agreement from the start of your Premium Services to confirmed cancellation by Xanga.
Xanga reserves the right to immediately terminate your Services and remove your Website or any of your materials from Xanga’s servers if Xanga, in its sole discretion, concludes that you have violated or threatened to violate the terms of the Agreement. In the event that Xanga terminates your Services in connection with this paragraph, you will not be entitled to a refund of any fees you have paid to Xanga.
Xanga also reserves the right to terminate your Services for any other cause, at its convenience. In the event that Xanga terminates your Service at its convenience, Xanga will refund to you a prorated amount of fees which you have pre-paid for the billing cycle in effect at the time of the termination. You agree that this refund shall be your only remedy for termination of service in connection with this paragraph.
Personal Information
You hereby certify to Xanga that you are at least 13 years old. Xanga is intended for people who are at least 13 years old. Children under 13 are not permitted to join Xanga or participate in the Xanga Community.
For purposes of identification, billing and marketing, you must provide Xanga with accurate, complete, and updated information required by the registration to the Xanga Premium Service, including a valid email address and all applicable payment data (e.g. a credit card number and expiration date). Xanga may require a copy of a state issued form of identification before making changes to the billing information or registration data on a Customer’s account.
Backups
Xanga periodically makes backups of the information stored on its servers. Xanga makes no guarantees of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only.
Xanga is not responsible for any of your content that resides on Xanga servers. You are solely responsible for independent backup of data stored on Xanga.
Disclaimer
This Site is provided by Xanga.com on an “as is” basis. Xanga.com makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials, products, or Services included on this site. To the full extent permissible by applicable law, Xanga.com disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Xanga.com will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental punitive and consequential damages.
Applicable Law
This Site is created and controlled by Xanga.com in the State of New York, USA. As such, the laws of the State of New York will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms and conditions at any time.
