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.

  • 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 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.

  • 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.

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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.

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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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