Terms & Conditions: Standard TermsEffective Date: 24th August 2011
These Terms and Conditions, also known as Terms of Service (ToS), apply to ALL XDnet customers, and must be followed otherwise action will be taken.
2. Compliance with the Law
XDnet strongly believes in and supports Internet as an uncensored outlet for free thinking, ideas and information to be shared openly. Our clients are not actively monitored or policed by XDnet. We will monitor client activity if we believe a user is abusing our servers by way of hacking, spamming, phishing, or similar illegal activities.
Customers are forbidden to post, transmit, retransmit or store material in any format on or through any of Services or Products which, in the sole judgment of XDnet, or its associations is in violation the laws of, but not restricted to, England and Wales. In using XDnet services the Customer agrees to indemnify and hold harmless XDnet from any claims resulting from the use of the services, which damages the Customer, or any other party. Customer shall be held responsible for determining laws or regulations which apply to the Customer's use of the XDnet's Services and Products.
3. Prohibited uses of XDnet services
In addition to the other requirements of these Terms of Service, Customers may only use the Services and Products in a manner that, in XDnet's sole judgment, is in accordance with the purposes of our Services and Products. If unsure of whether any possible use or action is permitted, please contact XDnet Support. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
3.1.1 Prohibited content includes, but is not limited to: pirated software, "hacker" programs, archives of "Warez Sites", game rooms or MUDs, IRC Bots, Egg Drop programs, illegal MP3/Music Sites, Defamatory Content, Adult only, any kind of illegal software or shareware.
If you believe your site does not follow these, or you wish to sign up and believe some content may contradict this policy, please contact support and we can assess your content personally - the decision of the management is final.
3.1.2 Actions that restrict disrupt or inhibit any Person, whether they are an XDnet customer or otherwise, in its use or enjoyment of any of XDnet's Services or Products.
3.1.3 Slander or libel of XDnet Web Services, its owners, associates, with XDnet names or associated images in print, web, verbal, email, or other communication will result in legal action, and immediate termination of all services of the offending Customer, by XDnet Web Services.
3.2 Systems, Server(s) and Network
3.2.1 Introduction of malicious programs into XDnets or its associates, network or server (e.g. viruses and worms). This will result in immediate termination of ALL services.
3.2.2 Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2, "Disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
3.2.3 Circumventing or Bypassing user authentication or security of any host, network or account.
3.2.4 Creating an "active" full time connection on an XDnet provided account by using artificial means involving software, programming or any other means.
3.2.5 Any attempt to change or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of XDnet, including but not limited to altering, removing or in any way modifying or tampering with XDnet and/or Server created log files.
3.2.6 Any action which XDnet Web Services deems to be an unacceptable use of resources, business practice or otherwise unacceptable to XDnet.
3.3 Billing/Client Communication
3.3.1 Providing false or incorrect data on the order form, contract or online application, or acting in a fraudulent manor with XDnet, including, but not limited to, fraudulent use of credit card numbers or checking accounts.
3.3.2 All hosting is paid in advance by the Customer to XDnet. There are no payment options available to receive service, and pay at the end of the payment term. All payments are non-refundable, regardless of usage.
3.3.3 Customers accept that if refunds are given, it is at the discreation of XDnet. This includes the 30 Day Money back promise. XDnet reserves the right to subtract transaction and administrative costs from any refunded monies. This does not effect refunds given under DSR.
3.3.4 We currently only accept electronic checks by way of usage of the PayPal service, Postal checks can be accepted on request however special arrangements must be made in advance and agreed upon between XDnet and the customer.
3.3.5 Account upgrades generally incur no service charge, as does general account modifications and alterations at the customer's request; however XDnet reserves the right to request small charges for these actions at its sole discreation.
3.3.6 Account downgrades on shared hosting accounts will incur a £5.00 service fee. Account downgrades on reseller hosting accounts will incur a £10.00 service fee. All account downgrades must be submitted via support ticket to XDnet a minimum of 7 days before the next scheduled billing date. Downgrade requests made after the 7 day cut-off may be billed the regular monthly fee and the downgraded monthly package will be applied after the next scheduled billing, Customers should contact support for more details.
3.3.7 It is the customers' responsibility for making payments in a timely fashion, otherwise account suspensions and eventual terminations will apply.
3.3.8 A 20% late fee will be applied automatically to any account more than 6 days overdue. XDnet believes the 20 days provided before late fee is applied is sufficient time to make payments - Invoices are issues 14 days before due date
3.3.9 Accounts 7 or more days overdue will be automatically suspended. Service will be restored after outstanding invoices have been successful paid. No guarantee as to how long the reactivation process will take, nor that the customer's data has been preserved for the duration of the suspension is provided.
3.3.10 Accounts which have been suspended for more than 28 days, with no reasonable contact made by the client, XDnet will cease the account as its own, and take ownership over all content within the account. Your account will then be terminated after 35 days of suspension.
3.4.1 Sending unsolicited commercial email messages (UCE), including the sending of "junk mail" Spam or other advertising material to individuals who did not specifically request such material or have opt-in to receive said emails, will be immediately suspended and redemption fees may be applicable. XDnet operates a strict NO SPAM policy, and is strictly against SPAM and fraudulent behaviour.
3.4.2 Harassment, abuse, whether through language, frequency or size of messages.
3.4.3 Unauthorized use, or forging, of mail header information.
3.4.4 Creating or forwarding "chain letters" or illegal "pyramid schemes" of any type.
3.4.5 Customer will be charged a £500.00 penalty charge for each instance of a verifiable UCE or Spam email that is reported to XDnet and faces immediate account suspension and/or termination, the customer shall also be held liable for all legal fees, including court costs and other legal fees associated with collecting the penalty listed in this section.
3.4.6 Shared/Reseller Web Hosting Clients are forbidden to "give away" email addresses/accounts from your domain(s) to the general public. The customer may offer email addresses to those directly associated with the workings of the site, related to the Customer, are a personal acquaintance of the Customer, or part of the Customer's organization or business entity, your account may be suspended or terminated without refund. Giving away free email addresses is not allowed on shared or reseller hosting packages. This ensures all users will have adequate email service and cuts the risk arbitrary users will not abuse the email service and prevents XDnet's mail service from being blocked by various SPAM enforcement agencies.
3.5 Customer Support
3.5.1 XDnet promotes mutually-professional relationships with our customers. Abusive, threatening, obscene or otherwise harassing communications with XDnet, via telephone, email, online chat or other means may result in immediate account termination. As per the Terms outlined in this agreement, no refunds will be given for sites cancelled due to violations of these terms.
3.5.2 XDnet cannot support third party software like PHPBB, Microsoft FrontPage™ or any other third party systems that we provide or you install on your own. We will try in most cases to help with general issues to get you running, but we are not responsible for any breakage that may occur as a result of using these systems. XDnet reserves the right to charge for installation, or support with third party software and installations.
If you would like XDnet to install a script, provide support or even write you a script contact us for more information.
4. Bandwidth & Resources
As well as the other terms of this agreement, which applies to all plans, Bandwidth, resources and the use of our services is bound by its own set of terms.
4.1 XDnet provides limits on space and transfer in good faith, so customer may create and use their web space without the worry of running out of disk space and bandwidth/transfer. However XDnet must impose the following terms on usage.
4.1.1 Customers web space should only contain files related to their web site/service; it is also recommended practice to keep a tidy web space by deleting unneeded files to help remain within their allocated space allowance.
4.1.2 XDnet does not permit unfair usage of server resources, if a site is found to be unfairly using system resources which are impacting on the enjoyment of XDnet services to other users, the account may be suspended and where appropriate the client may be asked to upgrade to a VPS or Dedicated server to accommodate their usage. Fair usage is at XDnet's sole discreation.
Any client which XDnet feels is abusing their services will have their account suspended and further action may be taken against said user.
5.1 Termination Notification - All service/domain cancellations must be received by the XDnet a minimum of 14 days prior to the next billing date of the service being cancelled. Dedicated Servers require a minimum of 40 days advanced notification. All Termination Notifications received after the dates specified in this section are considered as "Late Cancellations."
5.1.1 Late Cancellations - If the Customer fails to notify XDnet to cancel service before the Termination Notification dates defined in section 5.1, the Customer will be charged for the final month of service using any stored Customer billing data. If payment has not yet been made by the Customer, and the Customer notifies XDnet of cancellation after the Termination Notification dates defined in section 5.1, the Customer agrees and is required to pay XDnet for the final month of service using any legal payment method agreed upon by the Customer and XDnet. In all cases "Late Cancellations" will result in the full payment of the final month and possibly additional late cancellation charges such as losses to XDnet as a direct result of Late Cancellation by said Customer.
5.1.1 Late Cancellations - If the client fails to provide notification of their cancellation request within the notification periods as defined in section 5.1, the customer is liable for the next billing period. For example, if the next due date is the 25th March, and a cancellation request is submitted on the 15th March, the client is still liable for the period of 25th March - 25th April.
5.1.2 Cancellations requested within the 30 Day Money Back period are eligible for a full refund, less setup fees, domain registration fees and add-on-service fees which are non-refundable. Cancellations requested outside the 30 Day Money Back Period may not be eligible for a refund in part or in full.
5.1.3 Cancellation requests will only be accepted from the account holder, via our client area ticket system and are subject to strict security checks.
5.2 Customers will not receive a refund for, including but not limited to: late cancellation, slow connection caused by Customer's ISP/network, Customer's ignorance, InterNIC delays, registry delays or requirements, account termination for violation of policies outlined in this ToS as a whole.
5.3 Customers will not receive a refund for any setup fees or any other fees, including the transaction fees and refund transaction fees.
5.4 Customers may, at the sole discretion of XDnet, be charged a reactivation fee for each site terminated or suspended due to a billing or other Terms of Service violation or related issue.
5.5 Customers shall pay the fees and other charges for Products and Services ordered from XDnet as published at time of order. XDnet reserves the right to change fees for services without notice; any changes in price, excluding promotional prices and discounts, will take effect upon renewal of the existing hosting account.
5.6 Customer agrees that XDnet reserves the right to change its fees, features, and discount offerings and the Customer agrees to be bound by any changes of fee, feature, and/or discount.
5.7 XDnet reserves the right to terminate this agreement, and to delete the customers Web site from its hardware, immediately upon of any of the following:
- Non payment of any charges due from Customer to XDnet.
- Breach of any term or condition of this agreement by Customer.
- Knowledge of any legal proceeding against Customer arising from or relating to its use of the Web site, whether or not such suit involves XDnet (or its owners/operators) as a party or seeks any recovery from XDnet.
- Any form of proceeding against XDnet, or its Owner/Operators, from Customer.
5.8 Should a client not pay for services provided by XDnet, The Customer accepts they are liable for any and all costs of debt recovery and/or legal fees.
5.9 Free Domains or Domains purchased on behalf of the Customer will be bound by the following terms.
5.9.1 If the Customer has received domain name(s) from XDnet free or otherwise, and fails to make payment for services rendered, XDnet reserves the right to claim ownership over those domain(s), regardless of trademark and use said domain(s) as a means to receiving proper payment, if payment is not met after negotiations said domains will remain the property of XDnet to use how it sees fit. Note this is in accordance with term 3.3.10. The customer must pay release fees and all debt with XDnet before domain, account and access is released.
5.9.2 If the customer has received a free domain name with their hosting, and then opts to use the 30 Day Money Back Guarantee, this will not include domain registration cost, which is non-refundable by the domain registrar to XDnet. Said domain(s) will then become property of XDnet unless appropriate release charges have been made.
6. Indemnification of Provider/Relationship of Parties
6.1 Customer agrees to indemnify and hold XDnet, and its owner, harmless from any lawsuit, claim, charge, or expense, including all legal fees, for any matter arising from or relating to Customer's Web site provided hereunder.
6.2 Nothing contained herein shall be deemed to create a relationship between XDnet and Customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that XDnet has no interaction with the data or substance of Customer's Web site, except as necessary to maintain the service.
6.3 Customer agrees to not hold XDnet responsible for any data loss including web sites, email, customer databases, or otherwise, due any reason, including but not limited to server malfunction, account termination or human error. XDnet does backup accounts daily for the customer in the instance of such an event, however backup services are not guaranteed. The Customer will be the sole party responsible for all data and is expected to carry local backups of any data installed on XDnet accounts.
7.1 The customer agrees to protect all their login ID and password details to the very best of their ability and accepts XDnet cannot be held responsible for unauthorised access due the customers error.
7.2 XDnet supplies technical support for issues related directly to the services we provide to the customer. Issues related other services, products or 3rd party software may not be supported, or supported only on a "best effort" basis at XDnet's sole discreation.
Customer acknowledges that by reason of their relationship, both the Customer and XDnet may have access to certain products, information and materials relating to the other parties business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both XDnet and the Customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either part, as the case may be. This includes all communication, via tickets, email, phone or any other means.
10. Refusal of Service
10.1 XDnet reserves the right to refuse or cancel service in its sole discretion without refund.
10.2 Breach of these Terms of Service will result in grounds for immediate account suspension and/or termination.
11.1 XDnet will not be held responsible for damages your business may suffer, XDnet makes no warranties of any kind, expressed or implied for services we provide. This includes loss of data resulting from delays, non-deliveries, wrong delivery, viruses and any and all service interruptions caused by XDnet.
11.2 XDnet reserves the right to revise the above terms and conditions at any time, without notice. To ensure you always adbide these terms you should check this page periodically for any changes or updates.
11.3 This Agreement shall be governed by the laws of England and Wales and the Customer and XDnet agree that the sole jurisdiction for any disputes arising from this Agreement shall be the appropriate to that of England and United Kingdom.
11.4 XDnet strives to provide a strong and stable service to achieve 100% uptime, however due to server maintenance, upgrades and other reasons we may not always be able to provide 100% uptime. XDnet cannot be held responsible for any unforeseen events which cause downtime, loss of data or any other losses, financial or social.
By receiving/continuing hosting services from XDnet, you are bound by UK Law to all terms stated in this contract and orders who have not indicated they have read and agree these terms of service will be denied hosting services from XDnet. This verification is submitted at time of order, and the order will not proceed until acceptance of these terms as been met.