Xhost Terms and Conditions of Service

The following terms of agreement are presented to you as a condition of your acceptance of Xhost 
service provision. Acceptance of Xhost services and utilities constitutes an agreement between the 
provider, Xhost, and it's customer to adhere to the following terms and conditions. The date and time 
of acceptance will be recorded at time of service provision. Any changes to these terms and conditions 
from time to time will be notified via electronic mail to the applicant. 

Payment Policy 

All payment is in advance. All advice of payment will be via electronic medium, no paper invoicing 
will be provided unless by special request whereupon a charge will be levied. Xhost will revoke 
service provision without notice, if payment is not received within 14 days of the account due 
payment date. This will vary depending on whether the account is monthly, or yearly pre-paid. An 
administration charge of £50 will be levied to re-instate any account revoked because of non-payment. 
Unpaid accounts will be deleted after 90 days of continuous non-payment. 

Money transfers, either Credit or debit card, Cheque or International money transfer will be converted 
into the sterling equivalents using the internationally regulated and agreed published rates at date 
of billing. No liability is assumed by Xhost in relation to any loss arising on the Customer as a 
result of the chosen mode of payment. 

Non-delivery or non-performance of services by any third party other than Xhost's sub-contractors 
shall not give the Customer any right to delay any payment to Xhost or to make any claim whatsoever 
against Xhost. Should Xhost be unable to provide service we shall refund the payments made by the 
customer in respect of the account, no liability is assumed by Xhost in respect of any consequential 
loss (including loss of profits) whether direct, indirect or otherwise arising as a result of a 
failure of service. 
 

Cancellation 

Xhost offers a 30 day money back guarantee to all customers. In the event of dissatisfaction with 
service levels the Customer should e-mail the billing department on Accounts@xhost.co.uk up to and 
on the 30th day of service, customers can seek refund of all service charges levied during the period. 
This does not include digital certificate or domain name registration charges; domain names, once ordered, cannot be cancelled 
and must be paid for in full.  Normal cancellation of accounts beyond this period must be notified to 
Xhost via e-mail. No refunds for pre-paid service periods are given.

Xhost reserves the right to suspend service, without notice in the event that the conditions for 
acceptable and appropriate use are not met. Xhost will provide a written closure notice in these 
circumstances. All monies will be refunded for the unit period paid on a pro rata basis. Xhost will 
not, in any event, be liable for any consequential loss (including loss of profits) whether direct, 
indirect or otherwise arising as a result of any suspension of service by Xhost. 


Limitation of Liability

Nothing under these terms and conditions limits Xhost’s liability for any fraudulent statement or 
for personal injury or death caused by Xhost’s negligence. However, the Customer acknowledges and 
takes notice that the services are not appropriate for use in circumstances where personal injury or 
death could arise from reliance on the services whether or not Xhost is negligent and that it should 
satisfy itself as to the veracity of any statements made by Xhost or on Xhost’s behalf. 

The entire liability of Xhost and the Customer’s sole and exclusive remedy, arising in respect of any 
tort, breach of duty (statutory or otherwise) or breach of this agreement by Xhost (and whether or 
not by Xhost’s negligence) is limited to the fee paid for the service or services in respect of which 
the alleged tort or breach has arisen in the period of 12 months preceding the event giving rise to 
the liability. 

In no event will Xhost be liable to the Customer for any indirect or consequential loss or damage 
whatever (including, without prejudice to the generality of the foregoing, loss of business, loss of 
opportunity, loss of profits). 

Even if Xhost has been advised of the possibility of such loss or damage such advice shall not 
constitute the loss or damage if it arises as direct loss or damage.

Any liability of Xhost whatever arising under these terms or otherwise in respect of the service or 
any product shall be deemed to end 12 months after the date on which the Customer became aware or 
ought reasonably to have become aware of the event giving rise to the liability. For the avoidance of 
doubt, the Customer acknowledges and agrees that no claims or actions by the Customer can be validly 
made after the expiry of 12 months following such date. 

Xhost accepts no liability for any loss of revenue or business whether new or existing as a result 
of using Xhost's services. All parties agree to use Xhost's services and utilities without any avenue 
of pursuing monetary recompense beyond any account refund's due (see billing FAQ). Account holders 
must understand the inherent insecurity of the global Internet as a business medium and must consider 
the impact on any on-line business ventures. Xhost are happy to discuss secure solutions and technologies. 


Privacy Policy

Xhost has created this privacy statement in order to demonstrate our firm commitment to privacy. The 
following discloses our information gathering and dissemination practices for this website: www.xhost.co.uk 

We use your IP address to help diagnose problems with our servers, and to administer our Web site. 
Your IP address is used to help identify you and your order. Our site uses an order form for customers 
to request information, products, and services. We collect visitor's contact information (like their 
email address) and financial information (like their account or credit card numbers). Contact information 
from the order form is used to process orders. Financial information that is collected is used to bill 
the user for products and services. All credit card details are transferred to an off-line system for 
processing thereby reducing the risks associated with on-line fraud. 

This site has security measures in place to protect the loss, misuse and alteration of the information 
under our control. These include: Firewall technologies, Secure Certificates, SSL and Disk backups. 
Please contact us If you have any questions about this privacy statement, the practices of this site, 
or your dealings with this Web site, you can contact support@Xhost.co.uk. However, no warranty is 
given by Xhost as to the efficiency of such security measures. 


Third Party Software and Services

Xhost reserves the right to revoke service if third party software (third party software being 
defined as any software/middleware technology not detailed in the table of services or previously 
approved by exception for use by Xhost).  The account will be revoked and the software/middleware 
will be removed.   Xhost reserves the right to then terminate the account or progress a co-located 
or dedicated server solution where the offending system can then be re-housed. 


Acceptable and Appropriate Use 

Xhost shall retain the right at all times to refuse to host any material and to suspend availability 
of the Website and/or to remove any material already appearing on the Website which in the opinion of 
Xhost constitutes or would if posted constitute inappropriate material or harm or would if posted 
harm the reputation of Xhost in any way.

The Customer undertakes to indemnify and keep indemnified Xhost against any and all costs, claims, 
losses, damages or liability (civil or criminal) and expenses sustained by Xhost as a result of any 
breach by the Customer of any of the Acceptable and Appropriate Use Policies. 

Account holders must not in any circumstance breach the following policies, unless authorised to do 
so by Xhost.  If Xhost or it's partners find an account in breach of these policies said account will 
be revoked and/or terminated:

Customers should keep secure from third parties any passwords issued by Xhost in connection with 
their account.

The Customer undertakes to fully virus-check all data supplied to Xhost's platforms. 

The Customer undertakes not to link to any inappropriate material from its Website. 

No developing or testing potentially hazardous Perl, Active Server Page, Internet Database Connector 
or Cold Fusion scripted systems on the Xhost platforms. 

Customers should not make attempts to traverse to any server area other than that occupied and 
allocated to them by Xhost 

Customers should not execute any server side code, either binary, DLL or executable in nature 
without Xhost authorisation. 

Customers should not attempt to enter any account or system databases not wholly owned by yourself. 

Customers should not attempts to "hack" or enter extraneous or peripheral computing systems from an 
Xhost platform. 

Customers should not exceed network traffic quota's above the pre-agreed account allocation 
(see table of services).  If excess traffic levels are required or anticipated pre-authorisation 
from Xhost should be sought. 

Customers should not exceed system resources beyond the acceptable shared boundaries.  Acceptable 
boundaries being the sole utilsation of system processor/s, memory or onboard systems at consistently 
high levels.  

Spam or Junk e-mail either by bulk or individual broadcast shall not be allowed to be generated from 
any Xhost system.  This includes un-solicited advertisement type e-mail. 

Customers should not make use of server TCP or UDP ports other than those presenting Xhost services 
as detailed in the service table (e.g. Http, Https, FTP, SMTP/POP etc). 

Use of the following Cold Fusion tags is initially restricted; CFContent,  CFDirectory, CFFile, 
CFObject, CFRegistry, CFAdminSecurity & CFExecute.  If you require access to these tags please 
contact Xhost directly. 

Customers should not submit Cold Fusion scheduled tasks unless agreed by Xhost. 

Use of Common Object Module's beyond those available in the core IIS system is prohibited. 

No adult content may be served from or reside on any Xhost platform.  

MP3 or other copyrighted material cannot be served from or reside on any Xhost platform unless 
explicit authority exists from the Copyright owner. 

Viruses and variants, including dis-infectant programs cannot be served from or reside on any Xhost 
platform unless explicit authority exists from Xhost. 


Termination

(a)  Xhost may terminate this Agreement by notice in writing to the Customer having immediate effect 
if:. 
     
  (i) the Customer is in breach of any of its obligations under these terms and conditions; 
  (ii) the Customer is a company and a resolution is passed for its winding up or a petition for its 
  liquidation is presented; or 
  (iii) the Customer is an individual and a petition for bankruptcy is presented against it; or 
  (iv) a receiver or liquidator (where the Customer is a company) or (where the Customer is an 
  individual) a trustee in bankruptcy is appointed over it or any of its assets; or 
  (v) the Customer proposes or enters into any arrangement or composition with or for its creditors 
  (including any voluntary arrangement). 
     
(b) In the event that any of the circumstances identified in clause (a) arises, Xhost shall have the 
option to terminate this Agreement as regards all Services provided or to be provided or only as 
regards that Service or those Services in respect of which the breach is considered by Xhost to have 
been committed; and 
     
(c) In the event that any of the circumstances identified in clause (a) arises, Xhost shall be 
entitled to retain any sums paid to it by the Customer hereunder and recover any sums due to it 
pursuant hereto whether invoiced or not at the date of termination. 
     
(d) Either party may terminate this Agreement on one month's written notice served in accordance 
with the cancellation policy. 


Miscellaneous

Xhost and it's services are bound by English law.  All applicable International laws should be 
abided by when serving content and or services to the international community.   For instance, 
exporting encryption munitions to countries not party to the original encryption agreement could 
lead to you, the account holder being prosecuted under international law.