XSiteAbility maintains a website site, www.XSiteAbility.com ("Website"), to which registered users (hereafter referred to as the "Users") are allowed access to tools and resources to assist them in maintaining their adult commerce websites. Users will upload content to the XSiteAbility servers and use XSiteAbility tools to present the content for sale on a subscription basis. By registering with XSiteAbility.com to provided the user these services, user agrees to the following:
You must be at least 18 years of age to register with XSiteAbility.com to provide content. XSiteAbility.com may require that the registrant provide sufficient proof that are at least 18 years of age. XSiteAbility.com may elect at its sole discretion to monitor any area or records pertaining their Website for compliance with this agreement or for any other reason.
2. Uploading Content and Rights for Users
By uploading media content, user agrees to give XSiteAbility.com, and it's divisions, irrevocable nonexclusive royalty-free rights to use the content for any purpose including publication, display, modification, and creation of derivative works.
XSiteAbility.com will pay the user 60% to 80% of the monies generated ( see http://xsiteability.com/xsa-payouts.html for detailed breakdown) by the clients account after the obligations to the credit card processor of XSiteAbility have been satisfied, approximately 10% of the grossindividual transaction. Payment from XSITEABILITY to the user will take place monthly for the previous month. Payments will be in the form of check and will be mailed on or about the 1st of each month. In the case of an individual, the user shall operate as a 1099 contractor of XSITEABILITY, and shall receive a 1099 statement at the end of the year. The payment of all applicable taxes on payments received by the user from XSITEABILITY shall be the sole responsibility of the user. XSiteAbility is solely responsible for satisfying the annual fees imposed by certain credit card processors (V & MC), and does not pass those fees along to the clients.
STOP PAYMENTS and RETURNED CHECKS: It is the user's responsibility to provide an accurate and safe place to have their monthly check delivered to by the USPS. Mailing address changes can be made inside the User's Site Administration up to 24 hours before the end of the month. Any check returned to XSiteAbility as undeliverable will be considered forfeit and the funds returned to XSiteAbility. Notice to all users , but especially those in apartment buildings and other group-mail dwellings: It is your responsibility to ensure that your postal delivery location is safe, secure and reliable. If a STOP-PAYMENT is required on any check, a fee of at least $50 will be imposed. If a check needs to be replaced, a check-cut fee of $25 per check plus postage will be imposed.
4. Copyright. The copyright of all content uploaded by Users is retained by Users. Users may not upload content to which they do not own the copyrights, or possess written proof of permission to use the content. Anybody found uploading material that they do not have rights to will have all their accounts closed and all funds frozen. We have a ZERO TOLERANCE policy on piracy.
5. Users Warranties and Responsibilities.
(a) Registration. Users warrant that he or she has provided XSiteAbility.com with accurate, complete, and updated registration information while registering, and agrees to correct and update that information to ensure its accuracy and completeness at all times.
(b) Account Responsibility. Users who register online for XSiteAbility.com will receive a username and password to the secure User's Site Administration (USA). Users are entirely responsible for any and all activities conducted through his or her account and any usernames or passwords associated with that account. Users may permit another individual to use the account subject to User’s supervision and assumption of all resulting liabilities. Users agree to notify XSiteAbility.com immediately of any unauthorized use of their own, or another site User or Member, passwords or accounts as well as of any other breach of security.
(c) Former Users. Users whose accounts have been terminated by XSiteAbility.com may not access XSiteAbility.com in any manner or for any reason without the express written permission of XSiteAbility.com . Active Users may not knowingly allow former Users who have been terminated to use the active Users' accounts.
(d) By uploading content such as video media & image files, User warrants that he or she is the owner of the copyright thereto.
(e) By uploading content, User warrants that the content does not depict subject matter in a manner that violates any laws.
(f) By uploading content, User warrants that the uploading was not done with the intent to harass, threaten, embarrass or cause distress, unwanted attention, or discomfort upon another person or entity.
(g) User warrants that they maintain a model release or otherwise representing that subjects depicted in an image file have consented to publication for whatever purpose, User warrants that the information is complete and accurate. Immediately upon request, user will make available to XSiteAbility any and all model releases and/or identification documents.
(h) User acknowledges that their subscription site is predicated on providing new content to subscribers. Membership websites must provide at least FOUR (4) updates every thirty days. Failure to do so will result in subscribers accounts being canceled and possible termination of the users account. "New Content" is defined as content that has not appeared on the users site within the previous 90 days.
6. Refunds for Subscription Purchases
Subscription purchases are non-refundable. In the event that a refund or chargeback is made, XSiteAbility may impose a $10 processing fee assessed due to costs levied to XSiteAbility.com by the banking and credit card processors and/or institutions.
User shall indemnify, defend and hold harmless XSiteAbility.com, its owners , its officers, directors, employees, partners, associates, affiliates, joint venturers, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages, expenses (including attorney fees and costs) and damages in consequence thereof. XSiteAbility.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, which shall not excuse Users indemnity obligations.
8. Control of Operations
(a) XSiteAbility.com , in its sole discretion, may remove any content uploaded to the Website including that appearing to infringe the intellectual property rights of others
(b) User Privacy. XSiteAbility.com may access and disclose any information about Member, Members accounts, or any content Member provide to the Website if XSiteAbility.com believes in good faith that such action is reasonably necessary to enforce this Agreement, its copyright policy, to comply with the law and legal process, to operate its systems properly, to protect itself, its members, or users.
(c) XSiteAbility.com reserves the right, but does not assume the responsibility, to restrict conduct which XSiteAbility.com deems in its discretion to be harmful to individual Users, damaging to the communities that use XSiteAbility.com , or in violation of XSiteAbility.com 's or any third party's rights.
(a) XSiteAbility.com expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade.
(b) XSiteAbility.com , its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through XSiteAbility.com . From time to time the porting of particular content may not be feasible and XSiteAbility.com may remove any such content from the Website without any liability to User. User is responsible for assessing its own computer and transmission network needs, and the results to be obtained therefrom.
(c) XSiteAbility.com assumes no responsibility for any actions or liabilities arising from the possession or use of images, photos, files or software obtained from XSiteAbility.com .
(d) XSiteAbility.com makes no warranty that service will be uninterrupted, timely, secure, or error free. XSiteAbility.com makes no warranty as to the use or the results that may be obtained from the use of XSiteAbility.com .
(e) XSiteAbility.com makes no warranty with respect to any related software or hardware used or provided by XSiteAbility.com in connection with XSiteAbility.com . Any patent, copyright, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.
10. Limitation of Liability
User acknowledges that XSiteAbility.com shall not assume or have any liability for any action by XSiteAbility.com or its affiliates and licensees with respect to the use of content. To the fullest extent permitted by applicable law, including but not limited to, negligence, XSiteAbility.com shall not be liable to User for any indirect, incidental, special or consequential damages (including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if XSiteAbility.com has been advised of the possibility of such damages, in connection with XSiteAbility.com or with any other product or service provided by XSiteAbility.com , or resulting from the use of or the inability to use the Website or any transaction entered into through or from XSiteAbility.com , or from unauthorized access to or alteration of your transmissions, data, or account. Member specifically agrees that XSiteAbility.com is not responsible or liable to User or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct or speech of any other party or any infringement or violation of another's rights, including intellectual property rights, rights of publicity, or rights of privacy. XSiteAbility.com 's liability to you for breach of this agreement is limited solely to $10.
XSiteAbility.com may terminate your account with XSiteAbility.com at any time with or without cause. User's may initiate termination of their account, and upon that initiation, their account will be altered to no longer accept subscriptions and all subscriptions will be terminated without exception. User's account will then remain active until the subscribers to user's accounts expire . Your only right with respect to any dissatisfaction with any (i) Agreement term or policy or practice of XSiteAbility.com in operating XSiteAbility.com , (ii) content available through XSiteAbility.com or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate your account with XSiteAbility.com by notifying XSiteAbility.com agents of your desire to terminate by e-mail. Your notice of termination will be effective upon receipt by XSiteAbility.com , or upon receipt of confirmation if confirmation is requested.
12. Impermissible Conduct
Users may not upload content which is unlawful and agrees to use XSiteAbility.com only for lawful purposes. Users may not post to, or use, XSiteAbility.com to transmit any content which is deemed by XSiteAbility.com to be generally offensive to the public or harmful. Any conduct by Users that in XSiteAbility.com sole discretion restricts or inhibits any other User, Member, person or entity from using or enjoying XSiteAbility.com or another service will not be permitted and shall entitle XSiteAbility.com to immediately terminate the membership without notice.
If any term or provision of this Agreement is found to be unenforceable for any reason, this Agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.
A material part of this contract is the Agreement to arbitrate. Any and all disputes arising out of, under or in connection with this Agreement, with the exception of copyright claims, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Brooksville, Florida pursuant to the rules in effect at the time arbitration is demanded. Judgment upon any award rendered may be entered in the highest court of the forum having jurisdiction. This Agreement, its validity and effect, shall be interpreted under, and governed by, the laws of the State of Florida, and you agree that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party. Copyright infringement claims shall be brought in the Courts of the State of Florida. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.
15. Legal Fees and Jurisdiction
If XSiteAbility.com is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse XSiteAbility.com for its legal fees, costs and disbursements if XSiteAbility.com is successful. You agree that the Courts of the State of Florida are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.
16. Cooperation with Authorities
XSITEABILITY reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, trademarks, child pornography, postings or email containing threats of violence or other illegal activity.
17. Confidentiality of Personal Subscriber Information
XSITEABILITY will not release any user or customer personal subscriber information, nor user or customer billing information, to any third party except upon presentation of a valid court order, or request to which XSITEABILITY is legally required to respond to. User agrees that XSiteAbility judgment as to the validity of any court order, subpoena, or request shall be considered proper and final.
18. Promotional Content.
User agrees to allow XSITEABILITY from time to time, at XSITEABILITY discretion, generally once per month, to utilize any portion of user’s content on any other XSITEABILITY generated and/or maintained website for the purposes of promotion.
19. Unauthorized Use of Servers or Bandwidth
Users may not use XSiteAbiltiy servers to store files which are not used within the users XSiteAbiltiy site. Furthermore, using XSiteAbility servers to host files that are used on non-XSiteAbility sites (a.k.a. hotlinking) is prohibited. Bandwidth theft and abuse is grounds for immediate termination.
20. Compliance with Rules of Other Networks
Any access to other networks connected to XSiteAbility service must comply with the rules for that network as well as with XSiteAbility rules.
21. Entire Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. This Agreement comprises the entire agreement between XSiteAbility.com and User, and supersedes any prior agreements. XSiteAbility.com reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Website. You agree to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 10. Your continued use of XSiteAbility.com following posting of the revised Agreement on the Website shall be deemed to be acceptance of all such revisions.
For the good of all XSiteAbility users, we vigorously enforce this policy, which is mandated by the credit card companies for ALL service providers. (yes, ALL service providers, not just us.) Below is a list of subject matter that XSiteAbility will not assist you in marketing. Violation of this policy will result in, but not limited to, the immediate termination of your account. If content you produce is listed below, we cannot assist you in your endeavors.
Animal Sex / Bestiality / Zoophilia, Including Simulation.
Asphyxiation, Including Simulation.
Rendering Someone Unconscious, Including Simulation
Blood / Blood play, Including Simulation.
Child Pornography, Including Simulation.
Crushing of animals
Swallowing Live Animals, Including Fish and Insects
Necrophilia, Including Simulation
Incest, Including Simulation.
Gun play, Including Simulation.
Knife Play, Including Simulation.
Nonconsensual Sex / Rape Play, Including Simulation
Scat/ Coprophilia / Scatophilia, Including Simulation.
Snuff, Including Simulation.
Torture, Including Simulation.
Urination / Drinking Urine, Including Simulation.
Vomit / Emetophilia, Including Simulation.
Q: But, but...I see (insert producer) selling (insert prohibited content ) on (insert other service) all the time...
A: We have been around a lot longer than that other service, and we will be here long after that other service is gone. Those other guys may choose to not enforce their own terms of service, or turn a blind eye when some high-volume producers do it, for whatever reasons. For the good of all XSiteAbility sites, we will treat all users equally and honestly.
The following is also prohibited:
1. The posting, display, or advertising of any image using a model or models under the age of 18 years anywhere on the site whether the models are clothed or unclothed. This applies to hyperlinks to any such website offering the same.
2. Marketing the site utilizing content including: Kids, Lolita, Pedo, Peta, Peto, Pre-teen, Pedophile, Underage, Child, or any other words, images, or descriptions that would lead someone to believe that the models are less than 18 years of age is not permitted anywhere on venue including the URL and meta tags. This applies to hyperlinks to any such website offering the same.
3. The posting or display of any image or wording depicting or related to extreme violence, incest, snuff, scat, mutilation, or rape anywhere on the site, including the URL and meta tags. This applies to hyperlinks to any such website offering the same.
4. The posting or display of any image or wording depicting or related to bestiality anywhere on the site including the URL and meta tags. This applies to hyperlinks to any such website offering the same.
5. The posting or display of any image or wording related to any website running, participating, or advertising acts allowing the subscriber to bet or gamble on an uncertain outcome, or to play a game of chance for stakes. This applies to hyperlinks to any such website offering the same.
An Important Message:
For the better good of society, our clients and ourselves, we take an active role in the fight against child pornography. Be forewarned. We have no tolerance for producers, purveyors or viewers of such material. Anyone who contacts us and attempts to engage our services to promote child pornography in any way will be reported to the proper federal, state and local authorities and we will provide whatever information we can, and perform whatever actions it takes, to assist in their apprehension and prosecution.