TERMS & CONDITIONS

These terms and conditions shall govern the relationship between us and you and shall prevail despite the existence of any printed or other conditions even if such conditions purport to take precedence. Please read them carefully.

Acceptable Usage Policy

Your use of the Services means that you accept, and agree to abide by, all the policies in this acceptable use policy, which are incorporated into our General Terms and Conditions (https://www.hostxnow.com/terms). You must comply with the spirit of this acceptable use policy as well as the letter.

Words defined in our General Terms and Conditions shall have the same meaning in this acceptable use policy.

Prohibited uses

You may use our site or the services we provide only for lawful purposes. You may not use our site or services:

• In any way that breaches any applicable local, national or international law or regulation;
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• For the purpose of harming or attempting to harm minors in any way;
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• To send, knowingly receive, upload, download, use or re-use any material which:
• is defamatory of any person;
• is obscene, offensive, hateful or inflammatory;
• promotes sexually explicit material;
• promotes violence;
• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringes any copyright, database right, trade mark or other intellectual property right of any other person;
• is likely to deceive any person;
• is made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence;
• promotes any illegal activity;
• is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety;
• is likely to harass, upset, embarrass, alarm or annoy any other person;
• advertises for sale substances that are legal in law but are known to be abused;
• is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or gives the impression that it emanate from us if this is not the case.

You also agree not to access without authority, interfere with, damage or disrupt:

• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

You may not register for an account with us or sign up or use our services for the purposes of testing or vetting security measures in any way or format without our express written consent to do so.

Resource usage

The purpose of the web hosting space provided is for use with web hosting and all files uploaded or stored must comply with this requirement and be visible and accessible to end users visiting the web site or domain.

Web Hosting, Reseller Hosting and WordPress Hosting plans are designed to host most personal, small business and organization websites, and so we offer unlimited bandwidth and websites. This means that we do not set a limit on the amount of bandwidth or websites in the operation of your website, provided it complies with this acceptable usage policy and our terms and conditions of service.

Web Hosting, Reseller Hosting and WordPress hosting plans, to include plans classed as unlimited shall be subject to the following limits:

For Linux hosted plans, there is a limit of no more than 500,000 inodes per account.

Linux hosting plans may not consume more than 1) 200% of any two CPU cores; 2) 2GB of RAM; 3) 100 website connections; 4) 100 active processes; 5) 30MB/s disk IO, 30 MySQL connections. Should these resources be exceeded your web site may slow down or content may not be served until more resources are provided, which may be available for additional fees.

Hosting plans which are advertised and/or sold as WordPress Hosting plans are provided on systems specifically optimised for WordPress hosting and so may only be used to host a WordPress site. Should the hosting plan be found to host or contain a non-WordPress web site and/or content a warning may be issued and you will be required to remove the non-WordPress content or you may be required to change to an appropriate hosting plan should this continue.
In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or a Cloud VPS, or we may take action to restrict the resources your website is utilising.

Website Content

The web hosting space will not be used as a file storage method for purposes other than serving content for your web site and in any event may not contain the following content;

• Warez' content or content commonly known to be pirated or illegal copies of software or other works;
• MP3’s or other audio formats of copyrighted music;
• Movie downloads in any format whether complete or in part;
• Pornographic material;
• Any content that is illegal under UK or European law;
• Image hosting scripts that allow an anonymous user to upload an image for display on another website;
• Banner advertising services for display on other websites or devices (commercial banner advertisement rotation);
• File dump/mirror scripts that allow anonymous users to upload a file for others to download;
• Commercial audio streaming (more than one or two streams);
• Push button mail scripts that allow the end user to specify recipient email addresses;
• Anonymous or bulk SMS gateways;
• Backups of content from a computer or website;
• Bittorrent trackers
• Any script that causes a degradation in the performance of our server or network environment;

We reserve the right to serve notice to suspend service, suspend service, or remove any files which do not comply with these rules

Standard email services supplied with shared hosting and email only hosting packages.

Our shared and reseller hosting are provided with email services and facilities. The maximum permissible emails that can be sent out in any single hour is 300 from a domain. We do not provide catch all mailboxes as these are commonly spam magnets. Whilst our standard email services as supplied with our shared and reseller hosting plan are typically of high quality and features we do not warrant them in any way.

Note - we can increase the emails per hour limit up to 1000 for an addtional monthly fee. Customers requiring higher limits and policies or a business class email service should consider using Google Apps email service.

Mass Mailing

Mass mailing is not allowed on HostXNow shared hosting servers. A dedicated mass email server can be provided with the use of unlimited SMTP for sending via programmatic means from shared hosting on our web sites if required. Anyone who sends mass mail and is found to have caused problems affecting HostXNow mail servers or IP reputation will be subject to a fine and have their domain and service suspended.

Any user who by their action or inaction and who's services are found to be sending spam emails will be levied a fine of £90.00 to cover HostXNow's time in performing any clean-up action required to our mail servers. Any user who by their action or inaction and who's service causes IP black listings may be given a fine of up to £200.00. Any user who by their action or inaction and who's services result in complaints from other companies, for example spamcop, aol, yahoo etc. may be given a fine of not less than £90.00 to cover administration fee’s for HostXNow time.

Databases

Any customer who's database service usage results in excessively high server resource utilisation to the detriment of service or to our other customers will have their database suspended pending remedial action. The onus is on the customer to monitor database space usage and take action to ensure they do not exceed their database limits. We expect that any databases will be in use with a web site and will be maintained. There should be no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any service found to exceed storage limits may result in the suspension of services.

Where this occurs we will unsuspend services on request providing that remedial action is taken by the customer to return the services back within limits. Should such action not be taken as required and a further suspension be made an administration fee of £35.00 may be levied for our time. Where overuse occurs we reserve the right to charge for space used over and above allowances in order to prevent future suspensions or to charge for future unsuspensions at the rate of £35.00 per instance.

Proxy Services

Proxy services are often used to hide the originating users true IP address or location. Unfortuantely this presents us with a number of issues relating to our obligations relating to security, finance and taxation and so accessing our services via proxy services is expressly prohibited. Where we find proxy services have been used to sign up for an account or to otherwise disguise the location of the account holder we reserve the right to terminate any accounts and services used in this manner without notice.

Personal Conduct

We will always do our best to be respectful and in our dealings with you, by email or by phone, treat you in the manner in which we ourselves would expect to be treated. We fully expect that our customers will treat us the same way.

That can be a challenge sometimes for both parties as we recognise that things can sometimes get frustrating. Computers do have errors (often caused by humans) and humans also make mistakes from time to time. Whether those computers or humans are either yours or ours, we expect that both parties will remain calm and deal with any issues that occur professionally.

On rare occasions a customer will become threatening or abusive. This can manifest itself in the use of all capitals in email (considered in general internet terms as shouting) or the use of abusive language. On the phone this includes shouting and abusive language.

On such occasions we reserve the right not to answer the email or to hang up. We don't need any abuse (the job can be challenging enough) and simply won't tolerate it. If a customer feels the need, do as we do - leave your desk and go for a walk. Breath. Talk to somebody and vent if you need to - just not at us.

Suspension and termination

We will determine, in our sole discretion, whether you have breached this acceptable use policy. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of our General Terms and Conditions and, in addition to our rights contained therein, may result in our taking all or any of the following additional actions:

• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Complaints procedure

If you have a complaint then there are ways in which you can address them.

Your first port of call is an email to [email protected] with full details of your complaint. You should make sure you provide as much detail as possible including a timeline of events if applicable, the details of any of our team that you have dealt with, any relevant trouble ticket numbers and the time and date of any phone calls. In short, as much information as you can to help us conduct a thorough review of your complaint.

The complaint will be received and reviewed by a manager who will consider all of the information available and who may contact you to ask further questions if appropriate.

We will do everything we can to deal with any complaint raised and if we can find a way to resolve any issue to your satisfaction we will.

Sometimes things just don't work out.

Although we try our best, and although we know both ourselves and our customers have the best intentions at heart, things might get to a point where they are not working out for either party.

It may be that you just cannot understand our systems or processes or perhaps you can't understand how to use things. It may be that we, try as we might, cannot satisfy your requirements.

Just as you can leave or choose not to renew your services with us without giving a reason we may decide that in everyones best interest and to avoid further anguish we will not renew your service with us.

Of course we really hope and will try our best to ensure that things don't get to that stage, however if they do, we'll be sure to give you at least a months notice to give you a chance to make alternative arrangements.

Changes to our acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you and form part of your contract with us. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Interested? If you have any questions or would like to provide us with some feedback, please, Contact Us.

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