XOOMMIT Terms and Conditions
Effective Date: May 11, 2026
These Terms and Conditions (“Terms”) govern access to and use of the websites, software, applications, hosting services, VPS services, shared hosting services, SaaS offerings, domain-related services, maintenance plans, professional services, and related services provided by XOOMMIT VECKS LLC, a Wyoming limited liability company, with its principal business address at 30 N Gould St Ste R, Sheridan, WY 82801, USA (“XOOMMIT,” “Company,” “we,” “us,” or “our”).
By accessing, purchasing, activating, or using any Service, you agree to be bound by these Terms, together with any Order Form, Master Services Agreement, Statement of Work, Acceptable Use Policy, Privacy Policy, Service Level Agreement, Domain Registration Policy, and DMCA Policy that applies to the Service. If you do not agree, you must not use the Services.
These Terms are an electronic contract, and your assent may be given electronically; under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, a contract, signature, or record may not be denied legal effect solely because it is in electronic form.law.cornell+1
1. Eligibility and Authority
You represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity.
If you use the Services on behalf of another person or entity, references to “you” include both the individual user and the applicable entity. You are responsible for ensuring that all authorized users, employees, contractors, and end users comply with these Terms.
2. Services
XOOMMIT provides custom software development, implementation, consulting, support, managed services, hosting, VPS, shared hosting, maintenance plans, SaaS, domain-related services, and related technical services. The exact scope, deliverables, service levels, pricing, and commercial terms for a Service may be stated in an Order Form, proposal, Statement of Work, service plan, or separate written agreement.
If there is a conflict between these Terms and a signed written agreement between you and XOOMMIT, the signed written agreement controls for the specific Service covered by that agreement. Services may be modified, improved, replaced, or discontinued from time to time, provided that material reductions to paid Services will be handled in accordance with the applicable Order Form or Service-specific policy.
3. Accounts and Security
You must provide accurate, current, and complete information when creating an account or ordering Services. You are responsible for maintaining the confidentiality of account credentials and for all activity occurring under your account, whether or not authorized by you.
You must promptly notify XOOMMIT of any suspected unauthorized use, security incident, or breach involving your account or hosted environment. XOOMMIT may require identity verification, ownership verification, or administrative validation before acting on account-change requests, restoration requests, domain changes, or data-release requests.
4. Orders, Billing, and Payment
Fees for the Services are stated in the applicable Order Form, invoice, quote, checkout page, or service plan. Unless otherwise stated in writing, all fees are quoted and payable in U.S. dollars.
Recurring Services renew automatically for successive renewal terms unless canceled before the next renewal date in accordance with the applicable cancellation procedure. Material renewal terms, charges, and cancellation methods should be disclosed clearly and administered consistently with applicable law and in a manner designed to avoid unfair or deceptive practices under the Federal Trade Commission Act, 15 U.S.C. § 45.law.cornell+2
You authorize XOOMMIT and its third-party payment processors to charge your selected payment method for all fees, taxes, renewals, overages, and other authorized charges related to your account. XOOMMIT may use third-party infrastructure, billing providers, registrars, cloud vendors, and payment processors in the ordinary course of business.
Unless otherwise stated in writing:
-
subscription fees are billed in advance,
-
custom development and setup fees may require advance payment or milestone billing,
-
usage-based fees, overages, add-ons, and incident-response work may be billed in arrears,
-
late amounts may accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.
You are responsible for all applicable taxes, duties, levies, and governmental charges, excluding taxes based on XOOMMIT’s net income. If a payment is reversed, declined, charged back, blocked, or not received in full, XOOMMIT may suspend or restrict Services until the account is brought current.
5. Free Trials and Refunds
XOOMMIT may offer a free trial, pilot period, or test period for certain Services. Unless otherwise stated in writing, a free trial converts to a paid subscription at the end of the stated trial period if not canceled before renewal.
Except as expressly required by law or expressly stated in a written refund policy:
-
domain registration, renewal, transfer, redemption, and restoration fees are non-refundable,
-
setup fees, provisioning fees, custom programming fees, and professional services fees are non-refundable once work has started,
-
prepaid subscription fees are non-refundable after the applicable cancellation effective date,
-
any approved refund will be issued to the original payment method where reasonably possible.
Nothing in these Terms limits any non-waivable consumer rights that apply under applicable law.
6. Domain Services
If you register, renew, transfer, or manage a domain through XOOMMIT, you remain responsible for the accuracy of registrant data, domain contacts, and DNS instructions. Domain services are also subject to the rules, policies, restrictions, and dispute procedures of the applicable registrar, registry operator, and naming authority.
XOOMMIT does not guarantee that any requested domain name will be available, renewable, transferable, or free from third-party claims. Failure to renew a domain on time, failure of payment, registry restrictions, transfer locks, or inaccurate registrant information may result in suspension, expiration, loss, auction, redemption fees, or deletion of the domain.
7. Acceptable Use
You may not use the Services for unlawful, fraudulent, abusive, infringing, harmful, or deceptive activity. Without limitation, you may not use the Services to store, transmit, publish, or facilitate malware, phishing, spam, denial-of-service activity, credential theft, unlawful surveillance, child sexual abuse material, unlawful exploitative content, intellectual-property infringement, or content that violates any applicable law or regulation.
You also may not use the Services in a manner that materially interferes with network integrity, platform stability, security operations, abuse handling, or fair usage of shared resources. XOOMMIT may adopt and enforce a separate Acceptable Use Policy (“AUP”), and that policy is incorporated into these Terms by reference.
8. User Content and Hosted Content
You retain ownership of content, data, software, files, media, and materials that you or your end users upload or host through the Services (“User Content”), subject to the rights granted in these Terms. You grant XOOMMIT a non-exclusive, worldwide, limited-term license to host, copy, transmit, cache, back up, display, process, and otherwise use User Content solely as necessary to provide, secure, maintain, support, and improve the Services and to comply with law.
You are solely responsible for User Content, including its legality, accuracy, security, quality, and the rights required to upload, host, process, distribute, or publish it. XOOMMIT does not assume editorial control over User Content and is not responsible for User Content provided by you or your end users.
To the extent applicable, XOOMMIT reserves the protections available to providers of interactive computer services under 47 U.S.C. § 230(c)(1), although those protections do not extend to intellectual-property claims or federal criminal violations. XOOMMIT may remove, disable access to, preserve, or disclose User Content where reasonably necessary to enforce these Terms, protect the Services, comply with law, respond to abuse reports, or mitigate security or operational risk.eff
9. Copyright and DMCA
XOOMMIT respects intellectual-property rights and expects users to do the same. XOOMMIT may respond to notices of claimed copyright infringement in accordance with 17 U.S.C. § 512 and may remove or disable access to allegedly infringing material where appropriate.law.cornell+1
XOOMMIT may terminate the accounts of repeat infringers where appropriate in order to preserve any safe-harbor protections that may be available under 17 U.S.C. § 512. A separate DMCA Policy may identify the designated contact, required notice contents, counter-notice procedures, and repeat-infringer process.copyright+1
10. Intellectual Property
Unless a separate written agreement states otherwise, XOOMMIT and its licensors retain all right, title, and interest in and to the Services, platform technology, infrastructure, templates, documentation, software tools, scripts, code libraries, know-how, workflows, trade names, logos, and pre-existing materials. No rights are granted except as expressly stated in these Terms or in a separate written agreement.
For custom development work, ownership, assignment, licensing, delivery conditions, third-party components, open-source dependencies, and residual rights will be governed by the applicable signed contract, Statement of Work, or Order Form. Unless expressly assigned in writing, XOOMMIT retains ownership of its pre-existing materials, generalized know-how, tools, frameworks, and reusable components.
11. Confidentiality
Each party may receive non-public information from the other party that is designated as confidential or that reasonably should be understood to be confidential (“Confidential Information”). Each party agrees to use the other party’s Confidential Information only for purposes of performing under the parties’ agreement and to protect it with reasonable care.
Confidential Information does not include information that is or becomes public without breach, was already lawfully known, is lawfully received from a third party without restriction, or is independently developed without use of the other party’s Confidential Information. A receiving party may disclose Confidential Information to the extent required by law, subpoena, court order, or governmental demand, provided that legally permitted notice is given when practicable.
12. Privacy and Security
XOOMMIT’s handling of personal information is governed by the applicable Privacy Policy in addition to these Terms. You are responsible for determining whether the Services are appropriate for the data you choose to process and for implementing your own access controls, encryption, backups, endpoint security, and operational safeguards.
If XOOMMIT becomes aware of a security incident involving personal information for which notice is required by applicable law, XOOMMIT will investigate and provide legally required notices in accordance with applicable law, including Wyoming Stat. § 40-12-502 where that statute applies. You acknowledge that no internet-based or hosted service can be guaranteed to be completely secure or uninterrupted.law.justia+1
13. Third-Party Services
Services may interoperate with or depend on third-party providers, including payment processors, cloud infrastructure vendors, domain registrars, certificate providers, communication providers, or software licensors. XOOMMIT is not responsible for third-party products or services except to the extent expressly stated in a signed written agreement.
Your use of third-party services may be subject to separate third-party terms, privacy notices, service levels, or license restrictions. XOOMMIT may suspend or limit features where reasonably necessary due to third-party outages, vendor restrictions, upstream abuse complaints, legal process, or security risk.
14. Service Availability and Support
Service availability commitments, maintenance windows, support scope, response times, exclusions, service credits, and uptime targets, if any, will be stated in the applicable Service Level Agreement or Order Form. Unless expressly stated otherwise in a signed writing, all uptime figures, response targets, and service levels are goals and not guarantees.
Scheduled maintenance, emergency maintenance, security events, abuse mitigation, upstream failures, force majeure events, internet instability, and customer-caused issues may affect service availability. You are responsible for maintaining current backups of your systems and data unless XOOMMIT has expressly agreed in writing to provide managed backup or disaster-recovery services.
15. Suspension and Termination
Either party may terminate a Service as provided in the applicable Order Form, Statement of Work, or these Terms. XOOMMIT may suspend or terminate all or part of the Services immediately if necessary to address abuse, malware, spam, non-payment, unlawful activity, court order, DMCA issues, security threats, threats to the network, or material violations of these Terms.
Where commercially reasonable and where immediate action is not required, XOOMMIT will provide notice and a reasonable opportunity to cure before termination for breach. A cure period is not required where delay would create legal exposure, security risk, operational harm, payment fraud, or risk to other customers, end users, or the network.
Upon termination:
-
your right to access and use the affected Services ends,
-
XOOMMIT may delete or disable access to User Content after any stated post-termination retrieval period,
-
you remain responsible for fees incurred through the effective termination date,
-
you are responsible for migrating your domains, applications, data, and services to another provider unless the parties agree otherwise in writing.
16. Disclaimers
To the maximum extent permitted by law, the Services are provided “as is” and “as available.” XOOMMIT disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and does not warrant that the Services will be uninterrupted, error-free, fully secure, or suitable for every use case.
XOOMMIT does not provide legal, tax, accounting, investment, or regulatory advice. Any compliance-related assistance, documentation, or recommendations are informational only unless the parties sign a separate written advisory engagement expressly stating otherwise.
17. Limitation of Liability
To the maximum extent permitted by law, XOOMMIT will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenues, goodwill, business opportunity, anticipated savings, or data, even if advised of the possibility of such damages.
To the maximum extent permitted by law, XOOMMIT’s total aggregate liability arising out of or relating to the Services or these Terms will not exceed the total amount of fees actually paid by you to XOOMMIT for the specific Service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to liability.
The limitations in this Section apply regardless of the legal theory asserted and apply cumulatively to all claims, except to the extent prohibited by law. Nothing in these Terms excludes liability for fraud, willful misconduct, or any liability that cannot be excluded or limited under applicable law.
18. Indemnification
You agree to defend, indemnify, and hold harmless XOOMMIT, its affiliates, managers, officers, employees, contractors, licensors, vendors, and agents from and against any third-party claims, damages, losses, liabilities, judgments, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
-
your User Content,
-
your domains, websites, applications, or hosted materials,
-
your breach of these Terms,
-
your violation of applicable law,
-
your infringement or misappropriation of the rights of another person or entity,
-
your end users’ acts or omissions.
XOOMMIT may participate in the defense with counsel of its choice at its own expense, or at your expense where a conflict, risk allocation issue, or indemnity scope issue reasonably requires separate counsel.
19. Governing Law and Venue
These Terms and any dispute, claim, or controversy arising out of or relating to them are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state courts located in Sheridan County, Wyoming, and the United States District Court for the District of Wyoming, as applicable.
You waive any objection based on forum non conveniens or improper venue to the extent permitted by law. Any claim must be brought in your individual or entity capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding, unless such waiver is prohibited by law.
20. Notices and Electronic Communications
You consent to receive notices, invoices, disclosures, service announcements, legal notices, abuse notices, renewal reminders, and other communications electronically, including by email, dashboard notice, ticket, or website posting. Electronic records and notices may satisfy any legal requirement that a communication be in writing, to the extent permitted by applicable law.law.cornell+1
You are responsible for keeping your billing contact, administrative contact, and legal notice email current. Notice from XOOMMIT is effective when sent to the last contact information on file or when posted to the applicable customer portal or service page, unless a different effective time is required by law.
21. Changes to the Terms
XOOMMIT may update these Terms from time to time to reflect changes in the Services, law, risk posture, business operations, or compliance requirements. For material changes, XOOMMIT will provide commercially reasonable notice by posting an updated version on the website, through the customer portal, or by email.
Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the revised Terms, except where applicable law requires a different form of assent. If you do not agree to the revised Terms, you must stop using the affected Services and cancel them in accordance with the applicable cancellation process.
22. General Provisions
These Terms, together with the documents incorporated by reference and any applicable Order Form or signed agreement, constitute the entire agreement between you and XOOMMIT regarding the applicable Services. If any provision is held unenforceable, the remaining provisions will remain in full force and effect.
No waiver is effective unless in writing, and no failure or delay to exercise a right waives that right. You may not assign these Terms without XOOMMIT’s prior written consent, except in connection with a merger, acquisition, or sale of substantially all of your assets relating to the Services; XOOMMIT may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
23. Contact Information
XOOMMIT VECKS LLC
30 N Gould St Ste R
Sheridan, WY 82801
United States
Legal / General Contact: hello@xoommit.com
Support: support@xoommit.com
Abuse / DMCA: abuse@xoommit.com
Publishing notes
A few points should still be matched to your real operations before this goes live: cancellation notice period, exact free-trial length, post-termination data-retention window, registrar naming, and whether you want a formal class-action waiver. The clean legal structure is now in place, and the next documents that should match it are the AUP, Privacy Policy, SLA/Uptime Policy, and DMCA Policy.