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.

Domain Name Registrations

Domain registrations are made via agreements with registrars responsible for those domains.  Xhost
acts as an agent with these registrars.  Effectively you lease the domain name from the registrar via
Xhost.

Registrars may have their own terms and conditions.

By registering a domain via Xhost you are also accepting the registrar's terms and conditions.

For domains ending in .uk please refer to:

Registrant terms: www.nominet.org.uk/nominet-terms
Domain dispute policy: www.nominet.org.uk/disputes/drs/policy/
Further information can be found at www.nominet.org.uk

By registering a .uk domain via Xhost you are also accepting Nominet's terms and conditions.

For other domains including those ending in .com, .net, .org, .biz and .info please refer to:

Registrant terms: https://joker.com/index.joker?mode=page&page=terms_cond
Domain dispute policy: www.icann.org/udrp/udrp-policy-24oct99.htm

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.