Website Hosting Agreement

This agreement shall end midnight on your renewal date.

1. Interpretation
   1.1 Definitions
   Unless otherwise stated, the following definitions apply to this document:
   - "we", "us", and "our" shall mean xtianhosting;
   - "you", "your" and "customer" shall mean the customer who has signed or accepted hosting account creation and therefore entered into this agreement;
   - "services" are web hosting and email 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, general 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. Order acceptance and execution
   We have not accepted a customer application and order for services until this document is signed by you, or you have completed the order process and a hosting account has been created. We are under no obligation to provide any other product or service that is not set out in writing.
   1. We may, in our sole discretion, alter, improve or otherwise modify the services provided that any such change will not significantly alter the provision of the services or result in the removal of any features.  You will be notified no later than 15 Business Days in advance of any planned changes and will receive full documentation of any action required on your part.  No alterations to services shall affect the fees payable by you.
   2. Notwithstanding the provisions of the previous clause we may take any action necessary to address or repair faults and security issues arising in hosting hardware or hosting software without any prior notice to you.  If such faults or remedial action results in an interruption to the provision of services you will be notified when this becomes known and refunds may apply.
   3. The security of your website and any data therein is not covered by this agreement. The provision of security updates to hardware and software, data backups, technology updates, any procedures and systems for resilience and recovery must be both discussed and agreed (i.e. separately from this agreement) and typically set out in a Maintenance Agreement. In respect of these matters if a signed Maintenance Agreement is not in place then there is no implied or other default agreement to rely upon.
   4. We will use our best and reasonable endeavours to ensure that the service is provided on a constant, uninterrupted basis throughout the term of this agreement.
   5. We shall not be liable for downtime or interruptions to the provision of services where such downtime or interruptions last for no more than 48 hours.
   6. Where services are unavailable for more than 48 hours we will contact you and provide reasons for the interruption or, where this is not possible due to an undiagnosed problem, state that the problem is undiagnosed but is being investigated.
   7. Where service interruption due to hardware failure cannot be remedied within 3 business days we shall: 
      1. transfer your website to alternative hosting hardware in order to restore the provision of services; or where this is not possible...
      2. ...notwithstanding the previous sub-clause, from the end of the initial 48 hour period of interruption, keep a record of the number of whole days of interruption.  Upon restoration of services, any partial days shall be rounded up/down and we will reimburse you for the interrupted period (some exceptions are in the Refunds section).  The reimbursement will be calculated on a pro-rata basis and shall be paid within 28 business days.
   8. Where the provision of services are interrupted through some fault of any unauthorised third party, we shall bear no responsibility or liability.
   9. We will always reserve the right to charge for our time required to discuss and investigate any problems that you bring to our attention which are subsequently found to be caused by you or your hired third parties. Our minimum charge will always be one hour at our standard rate (£35).

1. Refunds (General)
   Services that are not quoted separately and which are included (for the first scheduled period) in the quotation for a web site design package are not refundable.
   1. Customers are generally entitled to a full refund within 14 days of the initial order being placed, or within 14 days of services being started and supported by other written agreement (e.g. by email). Refunds 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.
   2. The general 14 day refund 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. After the general 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 the 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.

1. 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 your 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:

1. Billing and Payment
   1. You agree to supply appropriate payment for the services received from us in advance of the time period during which such services are provided.
   2. Unless otherwise clearly stated and agreed all invoice notifications will be sent via email. You are required to pay invoices in advance at the beginning of each payment term using the available method of your choice, within 5 working days of the invoice issue date.
   3. We reserve the right to suspend any account after 5 working days have passed without due payment being received. There is no trial / testing period on creation of hosting accounts. Any added time for payment will be at our sole discretion.
   4. 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.
      
2. Backups
   If you require technical support to restore a backup or any other backup service then this will be chargeable at standard rates (£35 per hour). Support packages can be priced on application.
   1. Backups are made by us each week on a full basis only for customers with a separate Maintenance Agreement. We may nevertheless have an unscheduled backup, however no guarantees 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.

1. Resource Use
   1. All accounts are monitored for their use of server resources. If any account is using a high amount of server resources we will contact you to discuss this issue. In serious cases where an account is using a considerably large amount of system resources (memory, CPU etc.), your account may be suspended or script disabled without notice to maintain the smooth running of the server.
   2. You can request a package upgrade or temporary resource increase. It is your sole responsibility 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 suspension is required by us.
      
2. Your Responsibilities
   1. You are responsible for keeping your contact details up to date. We cannot be held responsible for communication problems which result directly from your failure to update your details.
   2. You are solely responsible for keeping usernames, passwords and other sensitive data safe. If a breach is suspected, you are required to request a change of login details by contacting our support staff – in which case charges will apply.
   3. See also item 6. Backups, above.
      
3. Contact procedure
   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 your account(s) or disable any part of the account before contacting you. We will however make an attempt to contact you 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).
   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.

1. Limitation of Liability & General Terms

In regard to Intellectual Property and Proprietary Rights:

1.  
   1. you will not acquire ownership rights over any of our Intellectual Property in or in relation to the services provided or in relation to any other property owned by us.
   2. we will not acquire ownership rights over any of your Intellectual Property in your website or any other material belonging to you.
   3. you agree to fully indemnify us against all costs, expenses, liabilities, losses, damages, claims and judgements that we may incur or be subject to as a result of the infringement of any Intellectual Property infringement owned by third parties arising from:
   4. your failure to obtain the necessary rights and permissions from third parties in order to enable us to legally provide services to you
   5. the provision of service by us based upon information and material provided by you.

1.  
   1. We shall not be liable to you or to third parties for:
      1. any losses resulting from interruptions or downtime to services;
      2. any inability, on your part, to use services;
      3. any damage or loss resulting from the loss of confidentiality caused by the storage of information on the internet.
      4. any losses that are possible through unauthorised use of any aspect of your website
         
   2. In no event shall our liability exceed the fee paid by you for relevant services
   3. Nothing in this Clause shall exclude our liability for death or personal injury resulting from our negligence or that of our employees or agents.
   4. You are responsible and accountable for all activity relating to your website and any service carried out by third parties on their behalf.
   5. You are responsible for the cost and implications of modifications to your website that:
      1. we insist must be made in order for the website to work
      2. from time to time become necessary due to changes in technology outside our control.
      3. from time to time become necessary so that we may successfully provide you other agreed services e.g. a Maintenance Agreement
      4. from time to time we insist must be made to ensure that the security of our services to other clients might not be compromised.

1. Indemnity
   1. You will fully indemnify us against all costs, expenses, liabilities, losses, damages and judgments that we may incur or be subject to as a result of any of the following:
      1. your misuse of the Service;
      2. your breach of this Agreement;
      3. your negligence or other act of default;
      4. the Activities of third parties conducted on your website using facilities such as blogs, forums and chat.
      5. any other malicious activities by third parties

1. Force Majeure
   1. Neither party shall be liable for breaching this Agreement where that breach results from Force Majeure.

Force Majeure refers to any event that is beyond the reasonable control of the parties and includes, but is not limited to, acts of God; acts of war; national emergencies; governmental action; union action; civil unrest; fire; explosion; flood and theft.

1. Jurisdiction
   1. Both parties agree to be subject to the laws/courts of England.

14 Acceptance of Web Hosting Agreement.

     14.1 You agree to all the above terms and conditions on completion of you hosting account creation. You will be notified by email about changes to these conditions.

Any questions concerning the above stated terms and conditions should be e-mailed to us before signing.

Web site hosted www.domain.co.uk

Your Business Name ........................................................

Your position of responsibility ........................................................

Your signature of acceptance ........................................................

Date ........................................................

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