Policies and Terms

XMission reserves the right to take whatever actions we deem appropriate to enforce these policies. We also reserve the right to change these policies without prior notice at any time. The actions we take may include account suspension or termination. We do not issue any credits for accounts cancelled due to policy violations. We reserve the right to refuse service to anyone at any time for any reason.

XMission reserves the right to take whatever measures it deems necessary to secure its networks and clients against abuse. This includes, but is not limited to: scanning for open mail relays, virus filtering, etc. Policy will apply to any activity which affects or mentions an XMission account, user, network, or server. Please report abuse, or any other unethical behavior, by emailing .

XMission reserves the right to take legal action against anyone who abuses our network, servers, or services. Fees may also be levied at $50 per incident and $100 per hour to help cover systems administration costs related to an incident.

XMission reserves the right to terminate customers that are abusive to our staff, vendors, or other customers. We are paid to provide a quality service, not be subject to abuse.

All subscribers are expected to read and abide by XMission’s Service Agreement since, “Use of XMission LLC services by you as a company and/or an individual constitutes acceptance of these Terms and Conditions in full.”

Billing
XMission bills for all services in advance. Non-Dedicated accounts are suspended 7 days after their due date if payment is not made. Invoices are sent via either postal mail or email, depending on customer preference; this can be changed at any time. XMission notifies clients an account is due on three separate occasions:
  1. with the original invoice (typically 7 days before account comes due)
  2. the day the account is due
  3. the day before the account will be suspended
XMission accepts all forms of payment: cash, checks, and credit cards (Mastercard, Visa, American Express, Discover). Any Dedicated account that is 30 days past due will be levied a service charge of 1-1/2% per month. If an account is referred to collections, the customer agrees to pay any collection costs incurred, including attorney’s fees, filing fees and court costs. If Dedicated account clients have any questions about billing, they can review their contract and SLA or contact our Corporate Client manager. XMission clients are bound by the Uniform Consumer Credit Code of the State of Utah. Payments by any dedicated or colocation client indicate full acceptance and understanding of your obligation, at invoiced service levels, under the terms and conditions of the Master Service Agreement.
Bounced check or credit card payments
There will be a $20 fee assessed on all returned check or credit card invoices.
Refund / Account termination
Any customer terminated account is subject to refund for the balance due minus a $10 processing fee. This fee will be credited one time to clients who later return to XMission. Accounts cancelled by XMission for policy violation are NOT subject to refund and penalty fees may apply.
Purged Accounts
After 45 days of non-payment XMission accounts are purged from the system. That means that any and all information in the client directory is purged, including email, Web, FTP, and any extraneous files located on XMission. XMission does not keep archives of purged accounts.
Password
Clients are responsible for maintaining secure, unique account passwords and to update them when prudent.
Mail and WWW forwarding options
Subscribers moving to a new Internet Service Provider are recommended to continue their accounts on XMission for an additional month beyond transfer of information to the new ISP for forwarding purposes. If you need your site to forward longer simply pay for the amount of time you need your mail and WWW pages forwarded. Subscribers who are transferring their account from XMission to another provider outside of Utah can have their service forwarded for three months at no cost, but only by special arrangement by contacting accounting@xmission.com . This service is granted on a case by case basis.
Email Support
All functions that can be modified via the webmail interface or mail client must be performed by the mailbox end user or the email domain administrator. XMission provides helpful instructions or tutorials to end users. Services such as password changes, data exports, modifications that have domain-wide impact, and similar can only be performed upon request by an authorized contact on the XMission account. In some cases technical consulting fees may apply.
Compromised Mail Accounts
Due to serious problems stemming from compromised mailboxes, XMission will handle the first compromise on any unique customer mailbox at no cost. At the time of the compromise the mailbox owner, or mail domain administrator, will be informed of the consequences of another compromise of the same mailbox within the next 24 months, including a nominal $25 Email Compromise Cleanup Fee per instance. The damage and considerable labor required to remedy these compromises is substantially more significant to XMission. The nominal fee is simply intended to incentivize responsible data protection practices by mailbox holders. Additionally, any mailbox suffering more than 3 compromises in a lifetime will be either permanently suspended or required to utilize a very secure 30+ character password.
IP Address Assignment
Unless otherwise stated, IP addresses assigned by XMission are not portable to other Internet Service Providers, or networks outside of XMission. Addresses are assigned for the term of the customer’s subscription to XMission. Once that subscription ends, the addresses may be reassigned to other XMission clients Independently assigned networks through ARIN can be routed by XMission upon connection to the XMission network and transferred with ease to other ISPs and networks outside of XMission.
Appropriate Use of Accounts
Aside from specific features and services outlined elsewhere, XMission accounts can use their web space to sell and advertise their products or services. However, XMission has a strict spam policy which prohibits unsolicited bulk communications (i.e., email/fax/paging/news).
Customer Communications
XMission practices transparency in all of our customer interactions. Among other things, we report issues to customers in a timely manner and also ask customers to notify us of any problems they experience in relation to their XMission service.
Shared Web Hosting on XMission
Shared Web Hosting (formerly known as Unlimited Hosting) resources on XMission are intended to support many customers and a wide array of web services. XMission makes every commercially reasonable effort to provide the best services possible at a competitive price so long as the subscriber’s use of the service complies with these terms. It is expected that subscribers will practice efficiency in web coding, database usage, storage optimization, and bandwidth transfers to not adversely impact others on the Shared Hosting services. This service is architected solely to host websites for personal and basic business applications. Shared Hosting is not intended for businesses with large ecommerce websites. Instead, we recommend our Cloud Hosting options for most business needs. XMission Shared Hosting only provides storage space for the actual web site and a reasonable number of backups of the web site. Violation of any of these terms may result in immediate termination with or without notice. XMission highly recommends our enterprise Cloud Hosting products for businesses that depend on their web sites to generate revenue.
Compromised Shared Hosting Accounts
A hacked or compromised website is a serious problem for you and XMission: unapproved access to your site poses risks not only to your customers and your files but also to our infrastructure. XMission has a three strike policy to help subscribers implement security measures that protect their users and content. At the time of the first compromise, XMission will notify authorized account holders of the compromise, after which you will have five days to cleanup your site. If five days pass with no communication and/or hosting files are still compromised a second strike will be initiated and XMission will make a second notification to all authorized contacts prior to a $65 Compromise Cleanup Fee. The fee covers the considerable labor required to sanitize all infected files. Any hosting account that suffers more than three compromises within 12 rolling calendar months will have their subscription permanently suspended unless they agree to a full site scan (a cleanup charge of $65 will be required if our security scans reports any infected files) and the addition of a third party Website Application Firewall (WAF).
Customer Data Storage
Unless otherwise stated or requested, all customer data is stored domestically on XMission servers in the USA. XMission servers may be located in one or more domestic based data centers.
Parental control and censorship
XMission provides a content proxy filter designed for pre-teens that can help children avoid accidentally happening upon Web sites that might be considered inappropriate. This service can only be enabled after reading our disclaimer. XMission encourages parents to take an active role in their child’s Internet experience. Many resources are available to help parents do just this.
Customer Web Site Content
XMission does not control or monitor the content of subscribers to our service. Anyone who has a problem with a web site on our service must FIRST contact the site owner. If no response is received, we can try to contact the owner to inform them that we have been contacted, but that is the extent of our helpfulness on the matter.
Illegal and/or damaging activity
Any Internet activity which references back to XMission or its services in a damaging manner will result in suspension or termination of your account(s). Illegal Internet activity using or referencing to XMission or an XMission account will result in immediate termination, possible prosecution, and liability for any legal fees accrued.
Malicious Activities By XMission Subscribers
XMission clients shall not intentionally: disrupt network activity; attack machines within XMission’s network or anywhere on the Internet; capture the private data of others; or engage in any other activity deemed malicious or harmful to others. XMission Systems Administrators reserve the right to determine if any activity meets these criteria.
Clients found to be in violation of this policy may have their accounts terminated or suspended immediately and without notice. Violators may also be reported to appropriate law enforcement officials.
Copyright Infringement
XMission does not condone copyright infringement. We do not, however, needlessly invade our clients’ privacy without notice and reasonable suspicion of wrongdoing. XMission’s Designated Agent for notice of any claimed infringement, as provided for under the U.S. DMCA , is:
Grant Sperry, Vice President of Operations

XMission, L.C.
51 East 400 South, Suite 000
Salt Lake City, UT 84111-2753
Phone: 801.539.0852
Legal Response Email: legal@xmission.com

In order for XMission to review your claim, you must:
  1. Identify the copyrighted work allegedly infringed
  2. Identify the material which you claim is infringing
  3. Provide your name, address, telephone number and email address
In addition, the notification must be signed by an authorized person, and state a good faith belief that the material is infringing, as well as that the information contained in the notice is accurate. In turn, XMission will investigate any legitimate complaints, and will take remedial measures where required by law.
XMission Spam Policy (i.e., Unsolicited Email/Fax/Pages/News)
To both aid in the fight against spam, and to keep our mailservers off Internet blacklists, XMission has a zero tolerance policy in regards to clients sending unsolicited (email/fax/pages/news) messages. Specifically, if we receive complaints about bulk email you send, your account will be cancelled if you cannot prove the recipient requested bulk email from you.
Use of XMission services, or addresses, to send unsolicited communications will result in the IMMEDIATE termination of your account, and possibly legal action and the collection of fees at $50 per incident and $100 per hour. Communications of this nature sent from other networks but referencing services hosted on XMission’s networks will also result in account termination. While bulk email is the primary concern, XMission’s Spam policy applies to all other forms of bulk communications.
  1. Since XMission cannot monitor every message that our customers send, we determine that email is unsolicited if we receive “spam complaints” about customer email. In other words, if recipients consider email you send as unsolicited then we generally will consider it spam too. Therefore, all efforts should be made on your part to only email those who have requested your communications. As well, you cannot include email addresses that were acquired from “partners.”
  2. To best avoid spam complaints, and to get a complaint waived, we strongly recommend that anyone who sends bulk email use the “double opt-in” method to confirm recipients indeed want to receive bulk email from you. If someone doesn’t want email from you, and never confirmed they wanted your email, there is a good chance they will report you as a spammer.
  3. By “double opt-in” we mean:
    An individual must ask to be added to your list and then reply to a confirmation email you send immediately to their email address. The initial request can simply come from them checking a box when they purchase something from you or signing up to be a member with your organization. Only people who respond to the confirmation email saying they want to be on your list should receive bulk email from you. This confirmation must use an authentication scheme that prevents recipients from being signed up for lists by anyone other than themselves. Note that most corporations use the double opt-in method.
  4. If we receive complaints about email, the sender of bulk email must be able to prove that the recipient contacted the sender to request that such messages be received in advance of the bulk mailing. The best way to do this is by using the double opt-in method.
  5. To prove that customers did request to receive emails, XMission requires clients who send bulk email to maintain a database that contains the following information about the recipient list:
    • Date and time of the recipient’s request to be added to your list
    • IP address that the customer made the request from, (if applicable).
    Upon request, the sender of bulk email must be able to provide both XMission and the recipient with the above information within one business day.
  6. Unsubscribe information should be clearly readable in every message that is sent out. The sender of the list must act upon all unsubscribe requests within one business day. All unsubscribe requests must also be processed before additional mailings are sent out.
Software and Software Usage
XMission reserves the right to remove any illegal or potentially damaging software stored on its network/system.
XMission reserves the right to control what software may be run on our network and/or servers. Such software includes, but is not limited to, software intended to harass or annoy, IRC bots, Usenet “Spam” scanners, or bulk mailing software.
XMission allows clients to run, maintain, and create CGI scripts (and other non-dedicated processes) on XMission machines. Should a client’s process run out of control and consume resources in such a way as to cause degradation of the XMission network, the process will be halted by an employee of XMission. This halting will be followed by an email asking you to overhaul the problem code to work properly before you attempt to run it again. Any testing of new code should be implemented during standard daytime business hours to allow for proper monitoring. Repeated failure to run proper code can result in the loss of your CGI and processor privileges. XMission consultation fees may also be required to resolve issues with your code in extreme cases. Please remember that XMission’s machines are shared resources and our systems administrators must ensure that they function properly for our entire subscriber base.
Software usage may be disallowed for any subscriber installed program forwhich source code is not available on request for review by XMission’s technical staff.
Maintenance Policy
All scheduled systems maintenance will be performed during approved maintenance window times. Maintenance will be approved by your manager in advance and listed by an admin doing the maintenance on the netstatus web page: http://stats.xmission.com/netstatus
Critical systems refers to: electrical infrastructure, core routers/switches, core servers (e.g., mail, web hosting, etc)
Approved maintenance window times:
  • For critical systems: between midnight-6am on Sat/Sun/Mon mornings
  • For non-critical systems: outside of business hours, preferably between 10pm-7am
  • Maintenance windows cannot be scheduled for holidays or other times where staff are not readily available to help with systems/phones if anything goes wrong
Best practices rules of thumb regarding maintenance policies:
  • Maintenance should include any task that could aversely affect customers that you can’t readily undo if something goes wrong.
  • Maintenance performed on critical systems should include a discussion and review with peers in advance to reduce the chances of error.
  • We can look in Cacti to see when low-usage points occur.
  • Since it is nearly impossible to write a definition of “maintenance” that will encompass all possible situations, we should evaluate the nature of each situation to determine how to appropriately handle it.
  • If a service is critical enough that it would (or could) generate a page to oncall, it’s more than likely service impacting.
Client Premise Equipment and Software Usage
You may provide at your own expense, your own physical equipment and/or software products that are not provided by XMission. You are responsible for obtaining, installing, and servicing your own equipment and software, and for ensuring that such equipment and/or software is compatible with the service provided by XMission. You remain liable for payments to XMission under your service agreement even if your equipment and/or software impair your use of XMission services. XMission will not be responsible if any changes in hardware, software, or services cause your equipment and/or software to become obsolete, or to require modification or alteration. If you request, XMission may provide technical services or consulting services for an additional fee. Such services will be billed to you at the rates in effect at the time such services are requested. XMission has the right to refuse any such technical or consulting services at its sole discretion.
Web Hosting Support Policy
XMission will provide customers access to our infrastructure for hosting their website and data to ensure it functions as advertised. Technical support will be provided free of charge in regards to questions and issues specific to utilizing XMission web hosting products. XMission hosting customers must provide materials and data in a “server ready” condition which means that it will not require consultation or any additional manipulation by XMission to host your website. Customers are fully responsible for uploading all content to their website, and supplementing, modifying, and updating their website as needed, which may include occasional security updates to software you custom install for your site. XMission customers are also responsible for ensuring that the content and all aspects of their website are compatible with the hardware and software used by XMission to provide the services. While XMission recommends customers hire their own consultants to handle configuration and maintenance of their web sites, in some cases XMission may be willing to perform basic consulting assistance at a reasonable hourly fee.
Upgrading a Dedicated or Colocate Service Account
Clients may upgrade their minimum increment level at any time. Generally a call to XMission during standard business hours allows the client to upgrade accounts within half an hour or by the next business day. This can also be accomplished by email sent to dedicated@xmission.com . Most incremental upgrades have no additional setup fees once the initial setup fee has been paid. Client will be billed for the new service fee based on the contract schedule.
Downgrading a Dedicated or Colocate Service Accounts
Downgrades can be requested although they require approval from XMission otherwise existing contract terms apply. Any approved downgrade requires a new contract. Conditions of current client agreement are outlined in the “Term and Termination” paragraph of the Master Service Agreement. Requests to downgrade must be submitted via email or postal mail only. Please contact dedicated@xmission.com for assistance. Account downgrades cannot be used to lessen early termination penalty fees. Termination fees are based on the highest bandwidth and RMU service levels paid for on the account in the last 90 days.
Colocate Rack Space Modifications and Billing Adjustments
Clients adding or removing their equipment from XMission colocation rack space must provide written notice to colocates@xmission.com regarding the change. Clients who do not provide written notice and a rack space audit shows that additional rack space (RMU) has been used will have their account billed back to the beginning of the contract term. Additionally, if you remove equipment and lessen the footprint of your colocate, XMission will not automatically adjust your account fees until such time as you provide written notice of the modification. We will verify the changes and adjust your bill accordingly. Adding or removing hardware affects the footprint portion of your service and your monthly bill. XMission charges a minimum $35 RMU fee for any colocation account. Please be sure to notify colocates@xmission.com of any changes to avoid surprises on future invoices.
Colocation Peripherals
Attached peripherals are allowed only if the following guidelines are followed. Please note, it is at XMission’s discretion to allow attached devices. In many instances, attached devices may require their own RMU purchase.
  • Each powered device is billed standard power costs of $15 p/mo per power source.
  • Any attached device may not extend beyond the 19″ width or standard rack depth. (28″ maximum depth)
  • Peripherals may not hang vertically or occupy space outside the purchased RMU.
  • Peripherals may not hinder access by other clients to their colocated gear or create safety concerns.
  • Peripherals may only be attached using non-conductive materials such as plastic zip ties. No metal.
  • Peripherals are not to be tied or hung to the back of server(s) or to XMission property.
Colocate Facility Access Restrictions For Late Payment
Colocation clients with payment past due by 30 days or more will have their access rights disabled. The only way to access your machine will be during standard business hours with an XMission employee escorting you to your machine(s). While the account is in default clients are forbidden from removing equipment from the Colocation facility. Automated access will not be re-activated until the billing is resolved.
Colocation Power Policy
All XMission colocation clients are required to comply with XMission’s power policy:
XMission provides the following security cabinet power guidelines:
  • Full Security Cabinet 5760 Watts or 48 Amps consumption @ 120 Volt
  • Half Security Cabinet 2880 Watts or 24 Amps consumption @ 120 Volt
  • Third Security Cabinet 1920 Watts or 16 Amps consumption @ 120 Volt
Available power service and consumption limits by footprint size.
XMission’s Data Center is equipped with 20 Amp or 30 Amp, 120 V and 208 V electrical power service options. To conform to National Electrical Code for peak power use and safety, maximum power usage is limited to 80% of the dedicated circuit value (i.e. 16 Amps on 20 Amp and 24 Amp on 30 Amp). XMission audits client circuits on a real-time basis to monitor usage and circuit condition. View your real-time statistics here: https://datacenter.xmission.com/
If more power is needed, additional power circuits must be purchased. Requests for additional power may be limited by cooling requirements, capacity, and power-to-footprint ratio guidelines as outlined. In some instances it may be necessary for the client to purchase additional footprint or supplemental cooling to meet power needs.
Redundant Power SLA
XMission provides delivery of AC power to Customer Space in a redundant (A/B) fashion upon Customer request. Redundancy is achieved by installing primary and redundant power circuits to the Space which allows for fail over if either power circuit fails. (For example, a customer orders 2 x 20 amps @120 volts redundant power circuits to the Space and the power load is distributed evenly across both circuits to Customer equipment with dual power supplies.) The Power Availability Service Level Agreement (SLA) provides that both power circuits (A/B) will be supplied power 100% of the time with the understanding that the total power draw on both must not exceed the National Electrical Code (NEC) standard for one circuit. In other words, the Customer’s total power draw will not exceed 80% of the amperage rating or breaker size for one circuit (e.g., the maximum current allowed for a power installation of 2 x 20 amps x 120 volts is 16 amps, which is 80% of 20 amps). To be eligible for XMission’s AC Power Availability SLA, Customer must have Equipment capable of utilizing dual power sources and Equipment must be plugged directly into both the A power strip and the B power strip/receptacle. Customer is responsible for making the power connections to their equipment and ensuring the total power draw never exceeds 80% of amperage rating or breaker size as previously stated. Customer utilization of contracted redundant power in a non-redundant fashion negates eligibility for the power SLA. All loads are calculated based on individual circuits.
Donated accounts
A Donated Account provides access to most XMission services for distribution of information concerning the civic group or organization. Donated Accounts are available solely to non-profit organisations that have received form 501(c)3 from the IRS confirming their status as a non-profit.
XMission Voice Terms of Service
Reviewed: June, 2022
XMission LLC: Terms and Conditions You (the XMission customer and/or user, hereafter collectively referred to as “you”) agree to purchase and/or use XMission services in accordance with the terms and conditions of this Service Agreement (“Agreement”). This Agreement governs both the Service and any devices, such as an Analog Telephone Adapter or Phone (“Device” or “Equipment” or “IAD”), used in conjunction with the Service and it applies to all lines on each XMission account. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO, AND PERFORM OBLIGATIONS UNDER THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY ITS TERMS AND CONDITIONS.
  1. EMERGENCY/911 DIALING
    1. 911 Dialing. XMission Voice 911 Dialing is different than traditional 911 service. Our customers have access to either basic 911 or Enhanced 911 (E911) service. If you have E911 service, when you place an emergency call by dialing 911, the physical street address you register with the phone is displayed at the local emergency center assigned to your area along with your telephone number. This allows the operator to call you back or dispatch help when you are unable to respond yourself. If the emergency center in your area is not equipped with E911, the operator will not have access to this information until you provide it yourself. XMission will always default the customer to E911 if it is available.
      You authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers.
    2. Notify All Users. You should inform all household residents, office occupants, guests and other third persons who may be present at the physical location where you utilize the Service of the important differences in and limitations of XMission Voice 911 Dialing as compared with basic 911 or E911
    3. Required Registration of Physical Location. Each phone line you purchase from XMission must have its physical address registered. You will be asked for the location of these phones at time of order. It is incumbent on you to confirm the accuracy of your physical address via your online account if you have any changes, additions or transfers of phone numbers. When you move the Device to another location, you must update your location. If you do not update your location, 911 calls you make may be sent to an emergency center near your old address. Be aware it may take several days for the address information to update completely once it has been submitted. You may update this address registration by calling XMission Technical Support at (801) 303-0852, or toll-free at (877) XMISSION. For purposes of 911 Dialing, you may only register one location at a time for each phone line.
    4. Service Outages.
      1. Service Outages Due to Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing.
      2. Service Outages Due to Internet Outage or Suspension or Disconnection of Broadband Service or Internet Service Provider (“ISP”) Service. Service outages or suspensions or disconnections of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning.
      3. Service Outage Due to Disconnection of Your XMission Account. Service outages due to disconnection of your account may prevent all Service, including 911 Dialing, from functioning.
      4. Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
    5. Disclaimer of Liability and Indemnification. XMission has no control and no responsibility over the handling of 911 calls by the local emergency centers that are made over XMission Voice service. Customer agrees to defend, fully indemnify, and hold harmless XMission, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel. Customer further agrees to fully indemnify, defend, and hold harmless XMission, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs, expenses or damages of any kind arising out of personal injury or death or damage to property related to Customer’s failure to meet any 911/E911 requirements or agreements.
  2. Lawful Use & Liability
    1. You will use XMission LLC services only for lawful purposes. Any transmission or re-transmission of material in violation of any Federal or State laws and/or regulations is expressly prohibited. This extends to include, but is not limited to: any copyrighted materials, materials or communications prohibited by trade secret.
    2. As a customer of XMission LLC and a user of our services, you (as an individual, and/or officer or agent of a company, and/or company) agree to indemnify and to hold harmless XMission LLC from ANY and ALL claims resulting from the use of the service which causes damage to you or any other party. XMission LLC shall not be liable, either in contract or in tort, or for protection from unauthorized access of its customer’s transmission facilities or customer-owned equipment on premises, or for unauthorized access to, alteration, theft or destruction of a customer’s data files, programs, or information through accident, fraudulent means or devices, or any other method, even should such access occur as a result of XMission LLC’s negligence. XMission LLC shall not be in any way responsible for claims or damages caused by a customer, through fault, negligence or failure to perform customer’s responsibilities, claims against a customer by any other party; any act or omission of any party furnishing services and/or products; or for the installation and/or removal of any and all equipment supplied by any service provider or XMission LLC.
    3. XMission LLC will not be responsible for any damages you or your business suffers. XMission LLC makes NO WARRANTEES OF ANY KIND, EXPRESSED OR IMPLIED, for services we provide. XMission LLC also DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This includes loss of data resulting from delays, non deliveries, wrong deliveries, and any and all service interruptions caused by XMission LLC and its employees by its own negligence or your errors or omissions.
  3. Service Description. XMission Voice is not a telecommunications service but is an IP based service provided on a best effort basis. XMission LLC makes NO WARRANTEES OF ANY KIND, EXPRESSED OR IMPLIED, for services we provide. XMission LLC also DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This includes loss of data resulting from delays, non deliveries, wrong deliveries, and any and all service interruptions caused by XMission LLC and its employees by its own negligence or your errors or omissions.
  4. XMission Mobile Voice App Privacy
    1. XMission collects, and processes information provided directly by you when you install the App and register for an account to use the App. Specifically, this information includes:
    2. Your name, email address, location, phone number.
    3. Browser information and session cookies related to your access and use of the App.
    4. Data insights XMission attains based on correlation and analytics of your information collected in providing the App, which may be used in aggregated and dis-aggregated formats or to obtain trend analytics, to provide the App; and
    5. Use of the above-described collected information in aggregated and dis-aggregated formats to enhance our current App or to provide App features.
    6. XMission uses the information collected as described in this Privacy Policy, including personal information, to:
    7. Provide you with the App as described in the Agreement.
    8. Implement, improve and/or enhance the App, including to make future releases available to you.
    9. Carry out XMission obligations as described or authorized in the Agreement and this Privacy Policy.
    10. Enforce SUMOFIBER rights arising from the Agreement between you and XMission; and
    11. Fulfill any other purpose authorized by you and reasonably required for the App. Specifically, only when enabled via system permission on XMission Android and XMission iOS, XMission shows personal contacts within the respective application. When the user sends an SMS message to one of his/her phone contacts, or when the user initiates a call to one of his/her phone contacts, the phone number is sent securely through XMission API. XMission does not store this number with any other PII, and it cannot be directly or indirectly attributed to any person or persons; XMission stores only the phone number and pertinent metadata so as to be compliant with all applicable state and federal laws, and XMission does not share this data with any advertisers or third parties under any circumstances. A user can revoke phone contact access on his/her mobile device at any time, and his/her app experience is not hindered or interrupted. XMission Mobile Voice Android and iOS also uses Gravatar, only when enabled via Settings and UIConfigs, which is a service that provides avatar images linked to the MD5 hash of the user’s email address. This means that, only when Gravatar use is enabled, we hash each contact’s email address and send it to Gravatar to try and retrieve an avatar image. MD5 hashes cannot be directly or indirectly attributed to any person or persons, and we only send the MD5 hash to Gravatar, never the email address in plain text. As with phone contacts, a user can revoke Gravatar access at any time in Settings or via UIConfig, and his/her app experience is not hindered or interrupted.
  5. Ownership and Risk of Loss. You are responsible for loss, theft or damage to the device(s) XMission provides or sells to you for use in your XMission Voice service.
  6. Operator/Third Party Billing. XMission Voice does not support “0” Operator calling or third party billing (including, but not limited to collect calls, 900 numbers, calling cards and third party billed long distance services).
  7. Security Systems / POS / FAX. XMission Voice may not be compatible with security systems, elevator monitoring, Point of Sale (POS), and facsimile (fax) line services. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm/POS/fax functions for any systems installed in your home or business. You are responsible for testing the compatibility of any of these systems with the Service.
  8. Federal Universal Service Fee USF fees are now being leveraged by the government against VOIP services as well as traditional POTS lines. These funds support the telecommunications needs of low-income households, schools, libraries, rural hospitals, and consumers living in high-cost service areas. Your service is subject to this fee.
  9. Disconnection; Discontinuance of Service. XMission may cancel and/or terminate service with 30 day written notice to you, the customer, for any reason.
  10. Charges for Directory Calls (411). XMission may forward the wholesale cost of Directory Assistance calls to you, and may append these costs with a minimal service fee. Minimum cost $1.00 per call.
  11. Unsupported Equipment. Physical Equipment and/or Software products that are NOT provided by XMission LLC are the responsibility of the customer, company or individual or both as the limits of the law allows for. XMission LLC will not be responsible for the installation of and/or service on equipment and/or software not provided by XMission LLC. All customers are responsible for the use and compatibility of hardware and software not provided by XMission LLC. In the event that the customer uses hardware and/or software that does impair the customer’s use of XMission LLC services, the customer shall nonetheless be liable for regular payment to XMission LLC. Upon notice from XMission LLC that the hardware and/or software not provided by XMission LLC is causing, or in the sole opinion of XMission LLC, is likely to cause hazard, interference’s or service obstruction, the customer shall eliminate the hazard, interference or service obstruction at once. Customers will, if necessary, pay XMission LLC to troubleshoot problems caused by such equipment and/or software not provided by XMission LLC. XMission LLC will not be responsible if any changes in hardware, software or services cause equipment not provided by XMission LLC to become obsolete, require modification or alteration, or in any other way affect the total performance of XMission LLC on an end-to-end basis and protect the XMission LLC backbone network and those networks attached to the XMission LLC network. In the case of customer-owned hardware and/or software connected to the XMission LLC network, the customer is totally responsible for any and all service to that equipment. XMission LLC, at its option, may supply technical services in the form of consulting and/or service to XMission LLC customers at their request. Such services will be billed out at rates set on the XMission LLC pricing sheet and/or at rates in effect at the time such services are requested. XMission LLC has the right to refuse any such technical services at its sole option. On leased telephone lines, no matter who the leasing party is, XMission LLC must have free and open access to such lines.
  12. No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER XMISSION NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF XMISSION LLC’S OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY XMISSION LLC OR XMISSION LLC’S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
  13. Miscellaneous
    1. If you are declared in default, XMission LLC will have all rights and remedies provided by law. XMission LLC may terminate your account and take any physical equipment and/or software products provided by XMission LLC subject to applicable state law, including the right to enter the premises where the physical equipment and/or software is kept in order to repossess it. You agree to pay XMission LLC’s costs on demand as well as any reasonable attorney’s fees and legal expenses incurred as a result of XMission LLC’s exercise of any default remedies under this agreement.
    2. Severability. If any provision of this Agreement is not valid according to the law, all other provisions will remain in force. If any provision is stricken, both parties agree to negotiate a mutually acceptable substitute provision.
    3. Waiver. XMission LLC’s failure to insist upon your complying with any term or provision of this lease or it’s waiver of any default shall not be construed as waiving any such term or provision and shall not preclude XMission LLC from taking action regarding any subsequent default.
    4. Governing laws. This agreement shall be governed by the internal laws of the State of Utah.
    5. THESE TERMS AND CONDITIONS CANNOT BE MODIFIED EXCEPT BY WRITTEN AMENDMENT BY THE PARTIES. NO AGENT, EMPLOYEE OR REPRESENTATIVE OF XMISSION LLC HAS THE AUTHORITY TO BIND THE PARTIES TO ANY RESPRESENTATION OR WARRANTY UNLESS SUCH IS SPECIFICALLY INCLUDED IN THESE TERMS AND CONDITIONS, THE XMISSION LLC INTERNET SERVICE ORDER FORM OR WITH A WRITTEN AMENDMENT THERETO. NOTICE TO PARTIES OF DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE SENT BY REGISTERED MAIL TO THE PARTIES AT THE ADDRESS SHOWN ON THE MOST RECENT SERVICE ORDER. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF UTAH.
    6. ALL USERS DESIRING CONNECTIVITY ON THE INTERNET ARE SUBJECT TO THE ACCEPTABLE USE POLICY.
    7. XMission is a member of the Utah division of the Better Business Bureau and is committed to arbitration and mediation.
    8. Use of XMission LLC services by you as a company and/or an individual constitutes acceptance of these Terms and Conditions in full.

“I think XMission is the greatest. I use it at home as well as work and I’ve always had such great response when I’ve needed help. Thanks for supporting our community’s nonprofits.”

Karen Wildfoerster