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Terms & Conditions
1. Interpretation
1.1 Definitions
Unless otherwise stated, the following definitions apply to this document:
- "we", "us", and "our" are references to
xtianhosting;
- "you", "your" and "customer" are references
to the person paying for services from xtianhosting having entered into
this agreement;
- "services" are web hosting, domain registration (not currently
online), reseller rights, outsourced support, email and other services
or facility provided by us to you;
- "server" is the computer equipment operated by us in connection
to the services provided;
- "order" means a request made by the customer to us for services
to be supplied subject to these conditions;
- "charges" are the charges payable by the customer for the
provision of services, details of which can be found on http://www.xtianhosting.co.uk
and may vary from time to time
1.2 Include
The words "include" and "including" are to be construed
without limitation.
1.3 Headings
The headings in this document are for convenience only and shall not affect
the interpretation of these conditions.
2. Ordering process
2.1 Order acceptance
We have not accepted a customer application and order until (account setup)
and receive the 'welcome' email including all details specific to your
account. Until this time, we reserve the right to refuse, cancel or reject
any order made by the customer. In such cases, a full refund will be made
using the same method of payment was originally made.
3. Refunds
3.1 Money back guarantee
3.1.1
Customers are entitled to a full refund within 14 days of the initial
order being placed. This will be issued using the same payment method
as originally used by the customer. Cases involving offline methods of
payment will be refunded using a personal cheque.
3.1.2
The 14 day money back guarantee does not apply and will not be issued
if more than 50% of allocated data transfer has already been used on the
web hosting account. This money back guarantee does not apply to domain
name registrations or to accounts which have breached these terms and
conditions prior to cancellation.
3.2 Account cancellations
After the 14 day introduction period, accounts on a yearly payment schedule
are entitled to a pro rata refund. This is calculated taking only full
months into account when calculating refund due and using the full monthly
price for spent months. If cancellation of the account is caused by the
customer breaching these terms and conditions no refund will be issued.
No refunds are issued for domain registrations.
4. Misuse
4.1 Spam / Unsolicited Mass E-mail
The sending of Unsolicited Commercial Email (SPAM) through our servers
promoting any website, or through third party servers promoting a website
hosted by us can result in the suspension or termination of the customer's
web hosting account without refund.
Mailing lists may be operated as long as individuals choose to subscribe
to receive mailings via clear 'opt in' methods and a strict removal procedure
is published in all mailings. 'Safelists' and other advertising related
mailing lists may not be operated.
Any complaints received are taken seriously and will be investigated.
4.2 Chat Rooms
Only the chat room scripts provided for the customer in their control
panel are allowed on our server. Any other scripts found will be disabled
and the account suspended in serious or repeat cases. An exception to
this term is provided for scripts which are FULLY applet based whereby
the applet is downloaded and run from the client's system.
4.3 Account Use
Under no circumstances must our servers be used for the hosting or communication
of, reference to or linking to any of the following:
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4.3.1 nudity, pornography, anything
of a sexual, lewd, or obscene nature;
4.3.2 violations of any copyright or any other right of any third
party;
4.3.3 threatening, abusive, harassing, defamatory statements;
4.3.4 promotion of illegal activities (hacking, cracking, etc);
4.3.5 information or software containing, or about, any kind of virus;
4.3.6 hate speech or hate propaganda;
4.3.7 the collection of personal information for illegal purposes;
4.3.8 content deemed by us at our sole discretion to be harmful to
us;
4.3.9 content deemed by us not to be of a christian nature, at our
sole discretion;
4.4 Banned scripts. We do not allow the use
of the following scripts on our servers:
- UltimateBBS
- IkonBoard
- All versions of YABB forum
- Proxy scripts
- IRC scripts
- Anonymizer
- Chat rooms not included as standard in the cPanel (see s4.2)
- phpShell and similar command execution scripts
- FormMail |
5. Billing
5.1 Payment schedules
The customer agrees to supply appropriate payment for the services received
from us in advance of the time period during which such services are provided.
5.2 Invoices
All invoice notifications will be sent via email. Customers are required
to pay their invoice in advance at the beginning of each payment term
using the available method of there choice, within 5 working days of the
invoice issue date.
5.3 Suspension
We reserve the right to suspend any account after 5 working days have
passed without due payment being received. Any added time for payment
will be at our sole discretion.
5.4 Currencies
All invoices and payments are processed in GB Pounds Sterling (£).
Prices shown in any other currencies on this website or other promotional
material are to be treated as a guide only and may be inaccurate due to
changes in the exchange rates. All customers are advised to check amounts
using accurate recent exchange rates before ordering.
6. Backups
6.1 Regularity and policy
Backups are made by us each week on a full basis, however
no guarantee's are made of any kind as to the
integrity of these backups. All customers are strongly advised to regularly
download their own backups of all account files and databases.
These are available through their control panel where a zipped archive
can be created and downloaded. Using the backup wizard.
7. Resource Use
7.1 CPU & Memory
All accounts are monitored for their use of server resources. If any account
is using a high amount of server resources we will contact the customer
to discuss this issue with them. In serious cases where an account is
using a considerably large amount of system resources (memory, CPU etc.),
the account may be suspended or script disabled without notice to maintain
the smooth running of the server.
7.2 Data transfer and webspace allocations
Customers can request a package upgrade or temporary resource increase.
Can be viewed on our website at http://www.xtianhosting.co.uk. It is the
sole responsibility of the customer to contact us in advance of requiring
extra resources to prevent account suspension. In some cases, accounts
are automatically suspended when their resource limits have been reached
and manual unsuspension is required by us.
8. Customer Responsibility
8.1 Contact Information
The customer is responsible for keeping their contact details up to date.
We cannot be held responsible for communication problems which result
directly from the customer's failure to update their details.
8.2 Sensitive data
Customers are responsible for keeping their usernames, passwords and other
sensitive data safe. If a breach is suspected, the customer is required
to request a change of login details by contacting support staff.
9. Contact procedure
9.1
If a breach of these terms and conditions is found we will, at our sole
discretion, determine whether it is a serious or minor breach. If a serious
breach of these terms is found we reserve the right to suspend the account(s)
of the customer in question or disable any part of the account before
contacting them. We will however make an attempt to contact the customer
prior to suspension in the event of a minor breach, using the email address
we have on record for your account. If no reply is received within 3 days
we will escalate the status of the breach to a serious breach and may
suspend the account(s).
9.2
In the event that a resold account is the subject of the breach we will
make every effort to contact the reseller before taking action. In serious
cases we may have to suspend or disable part of the account before contacting
the reseller.
10. Limitation of Liability & General Terms
10.1
We are not responsible for any claimed damages, which may result from
our servers going offline, or being unavailable for any reason. This includes
damages which may result from the corruption or deletion of data. The
customer agrees to indemnify and hold us and our employees harmless from
any claims, damages, including but not limited to consequential damages
resulting from the use of the service, which damage the customer or any
other party.
10.2
We will cooperate fully with investigations of violations of systems or
network security at other sites, and will cooperate with law enforcement
authorities in the investigation of possible criminal violations. Customers
who violate these terms may incur criminal or civil liability.
10.3
For clients with multiple accounts, we reserve the right to suspend all
accounts should the main account owner violate these terms and conditions
in a manner deemed by us to be extremely serious.
10.4
We will be the sole arbiter as to what constitutes a violation of these
terms and conditions. The failure by a customer to meet or follow any
of the above terms and conditions is grounds for account suspension or
deactivation.
11. Modification
11.1
We reserve the right to add, delete, or modify these Terms and Conditions,
our hosting packages, prices and website at any time with notice provided
via WWW. All customers are encouraged to check this document at least
once a month to ensure they are aware of any changes.
Any questions concerning the above stated terms and conditions should
be e-mailed to us before ordering.
Xtianhosting Terms & Conditions
©2004
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