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 its 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.
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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 providing one month's written notice 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.
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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.
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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.
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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.
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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
Domain dispute policy
Further information can be found here
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
Domain dispute policy
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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 its 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.
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The Customer undertakes
to fully virus-check all data supplied to Xhost's platforms.
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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.
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Customers should not make attempts to traverse
to any server area other than that occupied and allocated to them by Xhost
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Customers should not execute
any server side code, either binary, DLL or executable in nature without Xhost
authorisation.
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Customers should not attempt to enter
any account or system databases not wholly owned by yourself.
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Customers should not attempts to
"hack" or enter extraneous or peripheral computing systems from
an Xhost platform.
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Customers should not exceed network
traffic quotas 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.
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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.
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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.
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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).
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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.
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Customers should not submit
Cold Fusion scheduled tasks unless agreed by Xhost.
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Use of Common Object
Module's beyond those available in the core IIS system is prohibited.
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No adult content may be
served from or reside on any Xhost platform.
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MP3 or other copyrighted
material cannot be served from or reside on any Xhost platform unless
explicit authority exists from the Copyright owner.
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Viruses and variants,
including dis-infectant programs cannot be served from or reside on any Xhost
platform unless explicit authority exists from Xhost.
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Termination
(a)
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Xhost
may terminate this Agreement by notice in writing to the Customer
having immediate effect if:.
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(i)
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the
Customer is in breach of any of its obligations under these terms
and conditions;
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(ii)
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the
Customer is a company and a resolution is passed for its winding up
or a petition for its liquidation is presented; or
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(iii)
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the
Customer is an individual and a petition for bankruptcy is presented
against it; or
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(iv)
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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
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(v)
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the
Customer proposes or enters into any arrangement or composition with
or for its creditors (including any voluntary arrangement).
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(b)
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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
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(c)
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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.
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(d)
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Either
party may terminate this Agreement on one month's written notice
served in accordance with the
cancellation policy.
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Miscellaneous
XhostTellnet Ltd and its 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.
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Terms, Abbreviations
& Meanings
Account
: customers and clients of Xhost who have completed the on-line provision
of service request forms.
Customer: defined as the person or persons who completed the
original on-line service application.
On/Off - Line: On-line meaning information presented to the global
internet community. Off-line meaning unavailable to the global internet
community.
Provider : XhostTellnet Ltd and its subsidiaries. Xhost is a trading name of XhostTellnet Ltd.
Revocation / Revoked : Account temporarily disabled from use
pending investigation by Xhost.
Termination : Account termination is the cessation of all Xhost
services and utilities. Data held on Xhost systems will be
deleted beyond recovery.
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