This document describes the services offered by HostXNow and associated trading names, hereby referred to as "supplier", associated charges, prohibited uses and procedures. Client is defined as an individual, business or organisation with an active service with the supplier.
The supplier provides a range of internet-based services including Web Hosting, Backup Hosting, VPS Hosting and Dedicated Servers accessed via TCP/UDP.
All data stored on a client's account or service, remains the sole responsibility of the client and will be held liable for any costs incurred from over-use or misuse.
The supplier reserves the right to delete, without prior warning, any files which violate the below terms.
The supplier reserves the right to modify, suspend or terminate products/services at their discretion.
Client's are NOT permitted to use any of the supplier's products, services, or websites to:
Send unsolicited or bulk email, otherwise known as "SPAM”. Any mailing lists transmitted from the supplier's network must be "Opt-In" and include clear, working unsubscription information on each message, without exception.
Access, or attempt to access any system or network resource to which the client is unauthorised.
Store, distribute or link to material to which the client is unauthorised. Examples include but are not limited to, Copyrighted Multimedia, Pirated or "Nulled" software.
Participate, commit or attempt involvement in any malicious attack against another computer. Examples include but are not limited to Botnets, Bruteforcing, DDoS.
Distribute malware. Examples include but are not limited to worms, trojans, viruses, keyloggers.
Access or host IRC servers and/or clients, without prior notification to the supplier.
Host, download or engage in peer-to-peer activities. Examples include but are not limited to Bittorrent, Limewire, eMule, Kazaa, WinMX.
Provide free hosting services, with the exception of friends, family or sponsorship of a local charity or organisation.
Provide a public proxy, personal proxies with password protection are permitted.
Be rude, abusive or threatening towards the suppliers staff. Such activity is instant grounds for account closure.
We allow websites with legal adult content only. We do not allow pornographic or sexually-explicit images of children or any pictures/video which are obtained illegally to host on our servers.
You are not listed or will not be listed in any database such as FraudRecord, MaxMind, SBL or ROKSO. A manual review may be conducted at any time during your time with HostXNow, and if found to be in any of these databases your services will be terminated without notice or refund.
HostXNow utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour using one-way hashed information.
Control Panel Support
You agree and understand that our staff members will not help you over live chat, ticket or phone support to setup email accounts, sub-domains, add-on domains or install any of the applications. We have restricted our staff from the client control panel login. Customers are expected to go through our Video Tutorials well as our Knowledgebase to understand all features of respective control panels.
Our support team will assist you with any of the functions which won't work or if there's any server side problems that needs to be rectified from our end. Customers may consider help from our forum to get detailed information from other forum members, however basic tasks that can be managed from the control panel are expected to be resolved from the Customer's end only.
You will need to upload your website from your end using file manager or an FTP software. Databases should be uploaded from PHPMyAdmin and sub accounts like FTP, Mailboxes, Sub-domains, Add-on domains, Parked domains which should be setup from the client's end only.
All billing is provided via a secure online portal at https://www.hostxnow.com/clients/ where authentication is forced over an encrypted SSL connection. The supplier's billing system complies with the relevant PCI DSS data security standards with regular audits carried out by McAfee Secure.
The supplier accepts payments via PayPal and Credit/Debit cards only. Clients on a contract with the supplier may also use Bank Transfer.
The supplier generates and notifies clients of invoices 14 days before they are due, and requires payment on or before the due date as specified on the invoice. If payment is not received, the associated products and/or services will be automatically suspended immediately after the invoice becomes overdue.
If a client is unable to make a payment for reasons beyond their control e.g. Sickness, Holiday, Family issue they are encouraged to send a brief message to the supplier to add an exception and avoid suspension of associated services.
The supplier will cancel services if no payment or contact is received from the client within 10 days after an invoice is due. All data on the associated services including backups will be destroyed.
In exceptional circumstances the supplier reserves the right to involve a debt collection agency, who will recover any owed funds from a client on their behalf.
The supplier requires 24 hours notice on cancellations for all products and services, with the exception of Cloud Servers and Dedicated Servers which require 30 days. The time periods specified for cancellation are before the renewal date.
If a Web Hosting, Reseller Hosting, Backup Hosting account, Virtual Private Server or Server Management Contract is due on 30/03/15, a cancellation request must be received no later than 29/03/15.
If a Dedicated server is due on 30/03/15, a cancellation request must be received no later than 27/03/15.
To request cancellation, a client must login, select "My Products/Services", select the product and use the "Request Cancellation" button at the bottom of that page. Once a cancellation request has been received, a confirmation email will be sent to the client's registered address.
Cancellation requests sent by Live Chat, Windows Live Messenger, Google Talk, Twitter, Facebook, Linkedin will not be accepted.
Anytime Money Back Guarantee
If our services did not exceed your expectations, you could request to receive a full refund within the first 30-days with Web Hosting, Reseller Hosting and Backup Hosting, this does not include the suppliers VPS Hosting, Server Management, Dedicated Servers. After this period, even if you have prepaid for 12 months, you can still request a refund for unused portion of your contract (Excludes the current billing cycle). The refund amount will be calculated by the contract length, minus the number of months used, less any additional services or over-usage and free domain costs. The Anytime Money Back Guarantee is not valid to EU customers once VAT has already been submitted for the first quarter.
We also provide a price-freeze guarantee. You never have to pay more than the initial amount you sign up for your hosting service. HostXNow reserves the right to change the resource allocation for its services & also to change the prices listed on the website.
Payment Reversal, chargebacks and disputes
The supplier reserves the right to terminate any product or service without notice should the supplier receive notification and confirmation that a client's payments have been reversed, disputed or charged back.
In the first instance, the supplier will contact the client and attempt to resolve the matter. If this issue cannot be resolved in a timely manner, or if the supplier receives multiple payment disputes, the client's services may be terminated and all data destroyed without backups.
CPU & Server Resource Utilisation
The supplier reserves the right to suspend and/or refuse service to those who consume excessive CPU and/or Memory on Web Hosting, Reseller Hosting, Virtual Private Server and Backup Hosting services which are affecting the suppliers availability to deliver service to other clients.
If you need to host a MySQL database that is larger than 500MB in filesize on our any of our Web Hosting or Reseller Hosting plans, we can move your website to a server which is more suited to hosting larger MySQL databases. If you need to host a MySQL database larger than 2GB, then you will need to upgrade to one of our VPS or Dedicated Servers.
Backups, data integrity and availability
The supplier agrees to use their reasonable endeavours to ensure the availability of their services and integrity of client data, including backups on specific services as defined on the service description.
In case of OpenVZ backups, we maintain DRS backups of the underlying file system in the event of a mass failure, but these backups cannot be used for individual restores. If this is desired, our offsite backup solution is recommended.
The supplier will not be held responsible for any damages, losses or interruption of business caused by corruption or loss of data, or the integrity of its backups. Clients are encouraged to take their own backups and contact the supplier for local and offsite backup
Modification of Terms of Service
HostXNow reserves the right to modify or change these terms of service at all times. All customers are bound by the latest terms of service published on this website.
Limitation of liability
HostXNow disclaims all liabilities in connection with the following :
(a)loss of material uploaded;
(b)incompatibility of the Services with any of the Customer's equipment, software or telecommunications links;
(c)technical problems including errors or interruptions of the Services;
(d)unsuitability, unreliability or inaccuracy of the Services;
(e)computer viruses of any kind obtained by the Customer in the course of using the Services;
(f)any security breaches whatsoever affecting the Customer's Account.
In no event shall HostXNow be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.
Nothing in this Clause excludes each party's liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.
Our liability to you in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.
We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.
HostXNow will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
The Customer agrees that it shall defend, indemnify, save and hold HostXNow harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against HostXNow, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.
This Agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.