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Terms Of Service

The following Terms of Service ("TOS," "Terms" or "Agreement") apply to your use of our website and all services, features and/or content provided by Xtreme Hosters (“Xtreme Hosters,” "us,", "our" ). Xtreme Hosters is the trade name of Xtreme Hosters Ltd. By purchasing one or more Services from Xtreme Hosters, you declare that you have read, understood and agree to be bound by this TOS. The latest version of our TOS is always available on the Xtreme Hosters website. It is essential that you read this TOS prior to purchasing any Service(s) from Xtreme Hosters.

Customer Agreement

The TOS apply to all Services provided by Xtreme Hosters to you throughout the entire Term or Renewal Term. All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on Xtreme Hosters. You shall agree to use only licensed and legal third party softwares in connection with your use of our services. Xtreme Hosters reserves the right to suspend or cancel a customer's access to any or all services provided, at any time, or when Xtreme Hosters decides that the account has been inappropriately used or otherwise.

  1. Content
  1. Xtreme Hosters reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited.
  2. The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited.
  3. Topsites, ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk sms gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events. Websites promoting illegal activities or linking to other websites that promote illegal activities.
  4. Website content that promotes or advocates human trafficking in any way shape or form as determined by Xtreme Hosters’s sole discretion, sites that promote prostitution, or escort services.
  5. Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.
  6. Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Xtreme Hosters.
  7. Embedding or uploading audio/video/high resolution images on website or linking to other websites that promotes audio/video/high resolution images.
  8. Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
  9. Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. It also includes any sites which provide "links to" or "how to" information about such material.
  10. Games - We strictly do not allow to host any kind of games on our servers. Your hosting account would be immediately terminated if we found any gaming related stuff in your hosting account.
  11. IRC Hosts - Hosting an IRC server that is part of or connected to another IRC network or server or have a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination.

Xtreme Hosters reserves the right to deem any other content or literature as "prohibited" if found to be indecent, rude, hate content & generally unacceptable.

Refer General Acceptable Use Policy for complete details on prohibited content and activities.

In compliance with DMCA act, Xtreme Hosters has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to abuse@XtremeHosters.com

  1. Abuse Of Resources
  2. Any attempts to compromise or actual compromise of a network device belonging to Xtreme Hosters or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
  1. Denial of Service (DOS) attacks directed at Xtreme Hosters, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
  2. Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploit source code, hacking tutorials, hacking tools, viruses and Trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
  3. The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered "Warez". Any authentic complaint received will be investigated and may result in termination of service.
  4. The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
  5. Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund.
  6. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.95% up time we can not fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.
  7. If any client is in any way disrespectful towards any member of the Xtreme Hosters staff we have full right to remove them from our services without any refund.
  1. Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)
  2. Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties.
  1. Upon notification of an alleged violation, we will initiate a full scale investigation during which, we may restrict customer's access to the network to prevent further violations.
  2. If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Furthermore, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense.
  3. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended and an administrative fee of $250.00 will be charged to your account.
  4. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account and the administrative fees will be $500. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.
  5. We have a zero tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
  6. We also prohibit hosting of publicly-accessible "open relay" SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.
  1. Bandwidth

If the customers account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t exceed again or when the account is upgraded, whichever is earlier. The account would be reactivated in the following month.

  1. VPS Rules

We generally recommend a control panel to manage and operate the VPS. All customers who have a plain VPS would have to configure the DNS, user accounts, mail accounts and other such activities pertaining to the configuration of such VPS' themselves. The support team will not be responsible for this.

  1. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
  2. Spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. Xtreme Hosters would be the sole arbiter as to what constitutes a violation of this provision.
  1. In order to ensure that our servers give us optimum performance we have set limits on the number of outgoing mails which can be sent per domain per hour. The defined numbers here is the maximum limit of the highest plan of that service, if you choose a lower plan the number of outgoing emails limit may vary. Shared customers would be allowed to send upto 100 outgoing mails per hour, reseller users upto 25 mails per hour while VPS/cloud customers would be able to send 1000 outgoing mails every hour. Customers having dedicated servers may send 3000 mails per hour.
  2. We do not guarantee Inbox email delivery with any of our hosting plans.
  1. Backup Policy
  2. Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. Xtreme Hosters does not warranty that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  1. You as an Xtreme Hosters User agree that in no case, Xtreme Hosters can be held responsible for the loss of data in any circumstances.
  2. Clients who have subscribed for paid backup service with shared and reseller hosting plans. For such clients, we take daily backup of database with retention period of 5-15 days. Website backup will be taken weekly with retention period of 1 day. Any backup copy maintained by Xtreme Hosters will not have any emails or media file included in it.
  3. Clients using cPanel Backup Manager tool for backups should download the backup from the server and delete it. On every Sunday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.
  1. Domain Payments
  2. Domain Registrations: No refund is applicable once the domain is registered.
  1. Domain infringement:You cannot register a domain name that is similar to a trademarked domain/a domain similar to a brand and is engaged in a business providing similar goods or services. Any person trying to register such domain name will be held liable for infringement of Trademark. Example: Flipkartsale.in, bajajfinancecs.com
  2. Domain Renewal:We will send you reminders to renew your domain one month before the expiry. For failure or delay in the renewal of a domain, we are not responsible. Once a domain is renewed no refunds will be given.
  1. Unlimited Hosting
  2. What "Unlimited" meansUnlimited Disk Space/Bandwidth/Website Plans. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the normal operation of a personal or small business website, provided it complies with this Agreement. However, in the event your service usage or content 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 we may take action to restrict the resources your website is utilizing.
  1. What "Unlimited" DOES NOT meanXtreme Hosters employs complex mechanisms to protect its hosting Subscribers and systems from any kind of abuse. Xtreme Hosters's "Unlimited" hosting offering is not for single or few hosting subscribers to unfairly or adversely impact the experience of other hosting Subscribers. Xtreme Hosters's service is offering shared hosting service, which means that multiple hosting Subscriber's websites are hosted from the same server and share server resources. Xtreme Hosters's service is designed to meet the typical needs of small and medium sized businesses across globe. It is NOT intended to support the sustained demand of large enterprises, or non-typical applications better suited to a VPS or a dedicated server. Xtreme Hosters will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Xtreme Hosters does place automated safeguards to protect against any website growing too quickly and adversely impacting the system until Xtreme Hosters can evaluate said sites resource needs.
  2. Unlimited Hosting Space; excessive SQL DatabaseXtreme Hosters does not set any specific limits on the amount of disk space a hosting subscriber can use for their website, nor does Xtreme Hosters charge additional fees based on an increased amount of storage used, provided the hosting subscriber's use of storage complies with these Terms. Please note, however, that the Xtreme Hosters service is designed to host websites. Xtreme Hosters does NOT provide unlimited hosting for online storage, videos, images, audio, games, installers, executable files, backups, or archiving of electronic files, documents, log files, web spider or indexer, irc, torrent, file sharing, peer-to-peer activities, testing environment etc., and any such prohibited use of the Services will result in the termination of hosting subscriber's account, with or without notice. Accounts with an excessive database size (i.e., more than 1 GB) negatively affect the performance of the server. Xtreme Hosters may request that the database size be reduced to ensure proper performance or may disable the Subscriber's account, with or without notice. Hosting subscriber's can create multiple databases however size of each database should not be more than 1 GB.
  3. Unlimited File TransferXtreme Hosters does not set any limits on the amount of visitor traffic a website can receive or on the amount of content a hosting subscriber can upload to his/her/its website in a given month, nor does Xtreme Hosters charge additional fees based on increased use of bandwidth, as long as the hosting subscriber's use of the Services complies with these Terms. In most cases, a hosting subscriber's website will be able to support as much traffic as the hosting subscriber can legitimately acquire. However, Xtreme Hosters reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other hosting subscribers.
  4. Unacceptable Resource Usage
    1. Run cron entries with intervals of less than fifteen (15) minutes.
    2. Run any MySQL queries longer than thirty (30) seconds.
  • Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
  1. The size of each mail box should not exceed 5GB and combined mail box size per domain should not exceed 50GB.
  2. "Unlimited" usage policies and definitions apply only to shared and reseller hosting accounts. Click here to read the unlimited hosting policy.
  3. The size of each mail box should not exceed 5GB and combined mail box size per domain should not exceed 50GB. This is applicable for WordPress hosting, Business hosting, Linux & Windows based shared hosting plans.
  1. Permitted CPU and Disk Usage
  1. The space on the Shared hosting server can only be utilized for web files, and hosting a user's website. This space should not be used for media storage or for storing other data such as storing electronic files, saving website backup, FTP host or for demo purposes. We hold the right to inspect every shared hosting account for extra utilization of disk space, CPU and other resources that may be violated of this Agreement or the AUP.
  2. We may terminate access to the Services at our sole discretion, or takedown or erase User Content for those accounts considered to be in violation of these Terms and Conditions and other policies. Dedicated and VPS usage limits will depend on the amount of resources allocated to the plan that you have purchased.
  1. Reseller Terms and Client Responsibility
  2. Using a shared hosting account to resell web hosting to others is not allowed. Reseller hosting plans to be considered if you want to become our reseller.
  1. Resellers must assure that each of its clients, follow this Agreement.
  2. Resellers are completely responsible for supporting their clients including customer service, billing and technical support. We are not liable to provide support to Reseller Users. Any assistance needed for the client's issue must be reported by the reseller on the user's behalf.
  3. Resellers are solely responsible for any content that is stored or transferred under their reseller account and the actions of their Users. We may hold any reseller responsible for any activity from their client's account that violates the law or this Agreement.
  4. The Company shall not be kept liable for the acts or omissions of our resellers. The reseller hereby promises to indemnify the Company to and against any and all claims brought by any Customer resulting from the actions or omissions of the reseller.
  5. The Company retains the right to review our Reseller plan anytime necessary. Changes shall take place as posted publicly or at any later date as the Company can designate.
  1. The Company as Reseller or Sublicensor
  1. We may use certain third-party services, hardware, software and equipment and use it as a reseller or sublicensor.
  2. We are not liable for any modifications to the Services that cause any Resold Products to become outdated, including improvements or adjustments that otherwise influence the output of the services.
  3. Any failure or defects of Resold services, whether sold, sub-licensed, or given to you by us, shall not be considered to be a violation of the Company's obligations under this Agreement.
  4. Any rights or suggestion you may have concerning the possession, licensing, performance, or infringement of any Resold Product shall be limited to those rights which the manufacturer of such Resold Product extends to you.
  5. You are qualified to use any Resold Product that we provide only concerning your use of the Services as permitted under this Agreement.
  6. No attempt shall be made to clone, change, reverse engineer, or tamper with or use any Resold Product other than in connection with the Services.
  1. Uptime Guarantee
  2. Any service interruptions or downtime due to scheduled maintenance by Xtreme Hosters or our network providers will not count towards the uptime guarantee.
  1. Xtreme Hosters is not liable in any way for failure of third party services.
  2. Xtreme Hosters 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.
  1. Account Security and Company Systems
  2. You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.
  1. Your password provides access to your account. It is your responsibility to keep your password secure.
  2. Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.
  3. Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.
  4. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
  5. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
  6. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. Xtreme Hosters will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
  7. It is your duty to make sure all the programs/scripts installed under your hosting account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
  8. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. We may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
  9. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
  10. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, we may clean-up your account for an additional fee.
  11. We reserve the right to migrate your account from one data-center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
  1. Billing Policy
  2. If paying via credit card, debit card, net banking, PayPal the account will be setup immediately once the payment is confirmed. If paying by a cheque, please allow 5 days for the cheque to clear. If paying via postal orders or cash your account will be set up on the same day.
  1. The 30 day money back guarantee is only applicable for first-time signups. Second time and subsequent sign-ups are not eligible for the same. For instance, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
  2. Refund is not applicable on Domain registration/transfer/renewal, cPanel, Plesk, Control Panel, LiteSpeed, Softaculous, Cloud, VPS, Dedicated Server, Paid Support, SSL Certificates, Sitelock, SpamExperts, WHMCS, Windows OS, SQL, G Suite, Office 365 and any other paid licenses.
  3. The modifications done in pricing pattern or policy by the software license company will take effect immediately on Xtreme Hosters clients.
  4. The money back guarantee is provided on Shared hosting, Reseller hosting, WordPress hosting and Email hosting.
  5. No refund will be made if your Service(s) are suspended or terminated for cause.
  6. There is limitation of every hosting platform. On an OpenVZ VPS, GUI is not supported and it won’t be possible to upgrade the kernel or change BIOS setting. Kernel upgrade is possible on KVM Cloud instances but you cannot change the BIOS settings. You won't be eligible for refund in such cases.
  7. The refund will not cover any kind of taxes, setup fees, refund processing fee, postal charges or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources over-usages or after 30 days period or beyond coverage of our refund policy as noted here.
  8. Shared Hosting:

Prime & Multi / W-Prime & W-Multi / Master & Expert : If we offer any free domain with any plan then you may transfer your existing domain under this offer. Domain name will be free for the first year and renewal charges will be applicable from the second year.

  1. You must add the domain name into your cart with the hosting plan. You cannot claim the free domain later.
  1. If the web hosting service includes free domain name, and you cancel the web hosting service, the domain charges (standard rate as per website) would be deducted from the refund amount. If the refund amount is less than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain will remain with Xtreme Hosters if you fail to pay the difference amount.
  2. Transfer fees would be applicable, if you wish to transfer the free domain name to some other provider. Without transfer fees the domain will not be released.
  3. The payments made through bank transfer, cheque, money order, cash deposit, DD are non-refundable. Refund will be added as credit to the hosting account.
  4. The refund request placed after 30 days will not be processed and you will not be eligible for any refund.
  5. The cancellation request should be sent through client area.
  6. After sending the cancellation request, it would take 14 days to complete the refund process.
  1. Cancellation Process
  1. At any point of time, you wish to discontinue our services, you can place the cancellation request through your client area. Before that, you need to clear all the pending dues (if any).
  2. You can either choose immediate cancellation or request cancellation to happen once your subscription period expires. If you select immediate cancellation, you will no longer have access to your hosting plan/service. If cancellation after the tenure period is over is selected, you will continue to have access to use the Services purchased until the end of your prepaid term.
  3. It is your responsibility to backup all your data before you place the cancellation request. Once you place the cancellation request all your data from our server will be deleted and it cannot be retrieved nor restored.
  1. Taxes

The price mentioned on the site is exclusive of taxes. To view price with taxes please refer the Cost Calculator of each plan. The amount inclusive of taxes will be added to your final invoice once you add items in your cart. The taxable amount is non-refundable.

  1. Late Payment or Non-Payment
    1. Unpaid invoices may result in the suspension or termination of your web hosting account. Your suspended account will only be restored after clearing the outstanding invoice after which you will be able to access your data.
    2. If your account gets terminated, the data residing on it won't be restored and will be treated as a new account. If you fail to renew your subscription on time you will be charged on your invoice.
    3. We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
  2. Invoice Disputes

For any queries related to cost on your account, do reach out to our billing team at billing@XtremeHosters.com.

  1. Account Termination

Your hosting account at Xtreme Hosters can get terminated due to following reasons:

  1. You decide to discontinue
    At any point of time, during your subscription, if you no more want to continue with our services and want to place a cancellation request with immediate termination, your hosting account will be suspended right away and will be terminated within 48 hours.
  1. Cancellation upon expiration
    If you place a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 48 hours (after the expiration date).
  2. You did not renew
    In case you fail to renew your hosting account on the due date, your hosting account will be suspended after 24 hrs and will be terminated within 48 hours (after the expiration date).
  3. You violate our Terms of service
    If you violate our terms of service during your subscription period at Xtreme Hosters it will result in immediate account suspension and termination. As soon as we've been notified about the violation of service, we would usually take instant action.
  4. Potential fraud
    We have an anti-fraud system that monitors all the orders as soon as they are placed. During such an occurrence, we will carry out a verification process manually. In this process, if we ask for certain information and it is not provided the account suspension and termination will be done immediately.
  5. A Dispute or ChargeBack
    During the violation of our Terms of Service, we would initially suspend and give a 7 days timeframe to resolve the concern with Xtreme Hosters before the termination occurs. If still, it remains unsolved termination of your hosting account will take place.

Note: It is advised to maintain a back-up copy of your hosting account to avoid losing your data because of the termination. All your files will be deleted from the server, once your hosting account is terminated and Xtreme Hosters shall not be liable for the same.

  1. Indemnification
    1. Customer agrees that they will protect, indemnify, save and hold Xtreme Hosters harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Xtreme Hosters, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns.
    2. Customer agrees to defend, indemnify and hold Xtreme Hosters harmless against liabilities arising out of –
      1. Any injury to person or property caused by any products sold or distributed in association with Xtreme Hosters's Services;
      2. The loss of any electronic files furnished by customer (Or customer's customer);
  • Copyright violation and any defective products sold to a customer from Xtreme Hosters's Services
  1. Limitation of Liability
  1. To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold Xtreme Hosters, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type suffered by the
  2. Customer of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third party conduct/acts, including Xtreme Hosters's licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s).
  3. You agree that the foregoing limitations apply whether based on warranty, contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a Consumer will not be affected.
  1. Dispute Resolution. Jurisdiction
  1. In the event of any dispute, controversy or claim arising out of or related to this Agreement, you and Xtreme Hosters shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate each other with the aim to reach a solution satisfactory to each Party.
  2. You agree that the Courts shall have the sole jurisdiction over all disputes and other matters relating to the execution, interpretation, enforcement and termination of this Agreement or any other document entered into by the Parties related thereto. All disputes and other matters relating to the interpretation and enforcement of thеsе TOS as well as any other document entered into by the Parties shall be governed by the laws.
  1. Certain Services; 404 Error Page

If you haven't configured a 404 page, our default page for the 404 error page will load when a visitor tries to access a URL that has no information. By not creating a 404 page, you hereby agree and authorize the Company’s placement of a default 404 error page. This 404 error page of the company may contain advertisements and other information about the company and its services. As a company, we reserve the right to withhold and collect all revenue generated from these advertisements.

  1. Price Change

The prices of our services may be changed from time to time depending on our vendor's pricing. We are authorized partners of multiple license providers and domain registrars. If there's any change in their pricing structure, we will be forced to increase the prices of our services to cover our costs. You are required to review billing information from time to time to avoid any surprise pricing.

  1. Third-Party Beneficiaries

Except as expressly given elsewhere in this Agreement, nothing in this Agreement is intended, nor shall anything in this Agreement be construed to grant any rights on any individual other than the Parties hereunder and their respective successors and approved assignments. Notwithstanding the above, the customer recognizes and accepts that every provider of a third-party good or service described in the contract definition as a third-party beneficiary is the designated third-party beneficiary of the requirements set out in this Agreement because they apply exclusively to its goods or services and has the right to explicitly implement the terms and conditions.

Appendix A:

When you buy from the Company a third-party product or service, you agree to this Agreement AND the terms and conditions of the third-party product or service included in this Agreement

for reference:

  1. DigitalOcean:https://www.digitalocean.com/legal/terms-of-service-agreement/
  2. AWS:https://aws.amazon.com/service-terms/
  3. WHMCS:https://www.whmcs.com/terms-of-service/
  4. Office 365:https://www.microsoft.com/en-us/legal/intellectualproperty/copyright/default
  5. G Suite:https://policies.google.com/terms?
  6. Spam Experts:https://www.spamexperts.com/software-services-agreement
  7. LiteSpeed:https://www.litespeedtech.com/docs/webserver/license-enterprise
  8. cPanel & WHM:https://cpanel.net/legal-notices/
  9. Webuzo:https://webuzo.com/license/
  10. Plesk:https://www.plesk.com/legal/
  11. Softaculous:http://softaculous.com/softaculous/tos
  12. BitNinja:https://bitninja.io/terms-and-conditions/
  13. eset:https://www.eset.com/us/software-eula/
  1. Change of TOS

Xtreme Hosters may modify these TOS at any time with immediate effect. Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.

No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.

By using our service you agree to Xtreme Hosters’s Terms of Service, Privacy Policy, Unlimited Hosting Policy, and Policy FUP.

 

This Privacy and Cookies Policy (together with our Terms and Conditions and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read this Privacy and Cookies Policy carefully to understand our views and practices regarding your personal data and how we will treat it.

We will only use your personal data in the manner set out in this Privacy and Cookies Policy. We will only use your personal data in a way that is fair to you. We will only collect personal data where it is necessary for us to do so and where it is relevant to our dealings with you. We will only keep your personal data for as long as it is relevant to the purpose for which it was collected or for as long as we are required to keep it by law.

For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is Xtreme Hosters, a sole trading entity in England and Wales.

 

Information we may collect from you

We may collect and process the following data about you:

Your title, name, date of birth, address, email address, telephone numbers, username, password, business name (if applicable) and such other contact details as we require. This includes information provided at the time of registering to use the Website.

Information that you provide by filling in forms on the Website. This includes information provided at the time of subscribing to our services or requesting further services. We may also ask you for information when you report a problem with the Website.

If you contact us, we may keep a record of that correspondence.

You should only submit to us or the Website information which is accurate and not misleading. You should keep that information up-to-date and let us know if any of that information changes by emailing us at team@xtremehosters.com. By submitting your or anyone else’s data to us or the Website, you must ensure that you have full authority and consent to supply us with that data on their behalf and you warrant to us that you have that authority.

 

IP addresses

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

 

Cookies

The Website uses cookies. Cookies are small text files which identify your computer to our server as a unique user when you visit certain pages on the Website and they are stored by your Internet browser on your computer’s hard drive. Cookies can be used to recognise your Internet Protocol address, saving you time while you are on the Website.

We only use cookies for your convenience in using the Website and not for obtaining or using any other information about you (for example targeted advertising). Your browser can be set to not accept cookies, but this would restrict your use of the Website.

If you want to find out more information about cookies, go to https://www.allaboutcookies.org or to find out about removing them from your browser, go to https://www.allaboutcookies.org/manage-cookies/index.html.

Please note that we collect data from the Website about use of the Website using a web analysis tool which uses cookies that are (able to be) used to generate pseudonyms for a user’s profile. This means that use cookies (which may be stored on your computer after you leave the Website) can store information about your visit.

Please also note that our suppliers and partners may also use cookies, over which we have no control.

 

Where we store your personal data

All information you provide to us is stored on our secure servers. We use industry standard security and firewalls on our servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping that password confidential. We ask you not to share a password with anyone.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

 

Security

When you make any payment to us through the Website, you must make that payment to us using PayPal or Stripe. We do not collect any payment information from you. When submitting your payment information to PayPal or Stripe, please note that PayPal and Stripe each have their own privacy policies and that we do not accept any responsibility or liability for those privacy policies. Please check those privacy policies before you submit any personal data to PayPal.

Your card details are not stored on our own servers, but remotely with our payment gateway for your security. Recurring use of cards is permitted using ‘tokenisation’.

We do not store credit card details nor do we share customer financial details with any 3rd parties.

 

Uses made of the information

We use information held about you in the following ways:

To ensure that content from the Website is presented in the most effective manner for you and for your computer.
To provide you with billing information in relation to the services that we may provide to you.
To manage the Website, detect fraud or Website abuses, send you information relevant to the Website and in case we have any queries.
To carry out our obligations arising from any contracts entered into between you and us.
To notify you about changes to our services.
To allow you to register for an account on the Website, which may include sending an email to you to confirm your details.
To give you a new password if you have forgotten it.
We also need to use your contact details and other information for any aspect of the Website (including, without limitation, providing customer support, preventing or investigating prohibited activity, enforcing the Terms of Use and verifying information).

We may transfer our databases containing your personal information if we sell our business or part of it to an actual or potential purchaser.

We may also disclose your details as described elsewhere in this Privacy and Cookies Policy.

Other than as set out in this Privacy and Cookies Policy, we shall NOT sell or disclose your personal data to third parties without obtaining your prior consent unless this is necessary for the purposes set out in this Privacy and Cookies Policy or unless we are required to do so by law.

 

Other websites

The Website may, from time to time, contain links to and from the websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

 

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

 

Consent

By submitting data to us and using the Website, you consent to our use of your data and of anyone you represent in the manner set out in this Privacy and Cookies Policy (as amended from time to time, as described below) and you are responsible for ensuring that you have authority to consent on behalf of anyone about whom you submit data to us.

Please note that you can revoke any consent you have given us under this policy at any time by contacting us on sales@xtremehosters.com, and referencing this Privacy and Cookies Policy in the email subject line, using the body of the email to say what consent you are revoking.

 

Changes to our Privacy and Cookies Policy

Any changes we may make to this Privacy and Cookies Policy in the future will be posted on the Website and, where appropriate, notified to you by e-mail. Each time you enter the Website, you agree that the Privacy and Cookies Policy current at that time shall apply to all information held by you.

 

Fraud Verification

Brixly 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 non-identifiable anonymous information.

We use Stripe for identity document verification. Stripe collects identity document images, facial images, ID numbers and addresses as well as advanced fraud signals and information about the devices that connect to its services. Stripe shares this information with us and also uses this information to operate and improve the services it provides, including for fraud detection. You may also choose to allow Stripe to use your data to improve Stripe’s biometric verification technology. You can learn more about Stripe and read its privacy policy at https://stripe.com/privacy.

 

Contact

Questions, comments and requests regarding this Privacy and Cookies Policy are welcomed and should be addressed to sales@xtremehosters.com.

GENERAL TERMS (these “General Terms”)

Please read these General Terms (and any relevant Schedules, as defined below) carefully as they contain important information about your rights and obligations. We recommend that you keep a copy of these General Terms (and any relevant Schedules) and that you print out these General Terms (and any relevant Schedules) from the Website (as defined below) by clicking on the “Print” icon on your browser so that you can keep them for future reference.

ABOUT US AND THESE GENERAL TERMS:

1.1 About us: “We”, “us” or “our” means Xtreme Hosters, a sole trading entity in England and Wales.
1.2 These General Terms: These General Terms govern your submission of an order to us for our provision of services to you through the www.xtremehosters.com website (the “Website”), and your registration for an account on the Website by which you will be able to administer those services that you receive. By submitting your details to us for registration for an account on the Website, you agree to be legally bound by these General Terms and the relevant Schedules (as defined below).
1.3 The Schedules: Specific terms for our provision of particular services to you are set out here, in the form of Schedules (as defined below). If you submit an order for specific services, you agree to be legally bound by the relevant Schedules (as defined below) as well as these General Terms.
1.4 Changes to the Terms and Conditions: We reserve the right to amend the Terms and Conditions (as defined below) at any time. All amendments to the Terms and Conditions will be posted on the Website and emailed to you. If you do not like the changes we make, you can terminate this Agreement – please see Clause 13.2.1 for more information. Continued use of the Services will, however, be deemed to constitute acceptance of the new Terms and Conditions. No other terms or changes to the Terms and Conditions will be binding unless agreed in writing signed by us.
1.5 Definitions and interpretation: In this Agreement:
1.5.1 the following terms shall have the following meanings:
“Account”

has the meaning given to it in Clause 4.1;

“Agreement”

the legal and binding agreement that is in place, on the basis of these General Terms and the relevant Schedule(s), for us to provide certain services to you once you have submitted to us an Order and we have issued to you an Order Acceptance. If you make more than one Order, each Order shall, if subject to an Order Acceptance, constitute a separate “Agreement”;

“Breach of Duty”

the breach of any: (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);

“Business Customer”

you are a business customer if you enter into the Agreement and you are not a Consumer;

“Business Day”

any day other than: (i) a Saturday; (ii) a Sunday; or (iii) a day when the clearing banks in the City of London are not physically open for business;

“Business Hours”

9.00am to 5.00pm on Business Days;

“Confidential Information”

any information in any form or medium obtained by or on behalf of either Party from or on behalf of the other Party in relation to this Agreement which is expressly marked as confidential or which a reasonable person would consider to be confidential, whether disclosed or obtained before, on or after the date of this Agreement, together with any reproductions of such information or any part of it;

“Consumer”

you are a consumer if, in entering into this Agreement, you are an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession;

“Fees”

the fees payable by you to us for our provision to you of the Services, as set out in each Schedule for each relevant Service, and otherwise on the Website at the time that you submit your Order to us and confirmed in the Order Acceptance;

“Intellectual Property Rights”

copyright and related rights, trade marks and service marks, trade names and domain names, rights under licences, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, patents, rights to inventions, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

“Liability”

liability in or for breach of contract, Breach of Duty, torts (including negligence and intentional torts), deliberate breach (including deliberate personal repudiatory breach), misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and, for the purposes of this definition, all references to “this Agreement” shall be deemed to include any collateral contract);

“Material”

material that you upload (or permit to be uploaded) onto our servers as part of our provision of the Services, including any and all materials, works of authorship, software, files, multimedia and audiovisual material, tools, processes, systems, manuals, databases, database structures, a website’s “look and feel”, content, documents, records, reports, ideas, know-how, information, text, data, diagrams, artwork, screenshots, drawings, plans, descriptions, specifications, images, graphics, domain names and marks (in whatever form and on whatever media);

“Order”

the order submitted by you through the Website for the receipt of certain services from us;

“Order Acceptance”

our written communication to you in which we accept your Order in accordance with Clause 5.8;

“Order Acknowledgement”

our acknowledgement of your Order;

“Party”

either us or you, and “Parties” shall mean both of us and you;

“Schedule”

a schedule containing a specific description of particular Services to be provided by us to you;

“Services”

the services and online products that we provide to you under this Agreement, some of which may be more particularly described in the relevant Schedule(s);

“Support Services”

has the meaning given to it in Clause 8.1;

“Terms and Conditions”

these General Terms and the Schedules; and

“you” or “your”

our customer who registered for an account on the Website to submit an order to us for the receipt of services from us;

1.5.2 references to “Clauses” are to clauses of these General Terms;
1.5.3 references to “Paragraphs” are to paragraphs in a Schedule;
1.5.4 the headings are inserted for convenience only and shall not affect the interpretation or construction of these General Terms or any Schedule;
1.5.5 words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include the other gender and the neutral, and references to persons shall include an individual, company, corporation, firm or partnership;
1.5.6 reference to “written” or in “writing” includes the electronic form;
1.5.7 references to “includes”, “including”, “in particular” or “for example” or like words shall be deemed to be followed by the words “without limitation”; and
1.5.8 references to any statute or statutory provision shall include any subordinate legislation made under it, any provision which it has modified or re-enacted (whether with or without modification) and any provision which subsequently supersedes it or re-enacts it (whether with or without modification).

AGE RESTRICTION

By registering for an Account and submitting an Order, you warrant that you are at least 18 years of age.

EFFECT

3.1 Application of these General Terms: These General Terms shall apply to all Orders and to all Agreements. When you submit an Order to us, this shall always constitute your unqualified acceptance of these General Terms and the relevant Schedules. If you are a Consumer, nothing in this Agreement affects your statutory rights.

3.2 Any other terms: This Agreement shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing or orally, are expressly waived and excluded.

3.3 Entire Agreement (if you are a Business Customer): If you are a Business Customer, these General Terms, the Order Acceptance, the relevant Schedules, our Privacy and Cookies Policy and Terms of Use constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these General Terms, the Order, the relevant Schedules, our Privacy and Cookies Policy and Terms of Use.

3.4 Authority (if you are a Business Customer): You confirm that you have authority to bind any business on whose behalf you use the Website to submit an Order.
3.5 Conflict: In the event of any conflict between the provisions of these General Terms and the provisions of the Schedules and the Order Acceptance, then the following order of precedence shall apply:
3.5.1 the Order Acceptance prevails over
3.5.2 these General Terms, which prevail over
3.5.3 the Schedules.

REGISTRATION FOR AN ACCOUNT

4.1 Need for an Account: If you would like to place an Order through the Website, you will need to register for an account on the Website which you will be able to access through the “My Account” part of the Website, and by which you will be able to change the details that we hold about you and administrate the Services that we provide to you (“Account”). You may browse the Website without registering for an Account, but, to submit an Order, you must register for an Account.
4.2 If you have an Account: If you already have an Account, you can login to your Account to submit an Order.

4.3 If you do not have an Account: If you do not have an Account, to submit an Order you will need to register for an Account. To register, you need to supply us with your name, address, email address, a password and possibly some other personal information. See our Privacy and Cookies Policy for more details about this. You can provide us with that information by filling in the necessary information on the Website manually where indicated and then following the instructions on the Website.
4.4 Registering for an Account: Once you register for an Account, you will be asked to create a username and password for your Account. You may change this password by accessing your Account and following the instructions. You must keep the password confidential and immediately notify us if there is any unauthorised use of your email address or your Account or any breach of security otherwise known to you. You acknowledge that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your Account. Please note that you will be entirely responsible if you do not maintain the confidentiality of your password.
4.5 Valid email address: You must be registered for an Account with a valid email address that you access regularly, so that, amongst other things, we can send administration and information emails to you. Any Account registered with another person’s email address or with a temporary email address may be closed by us without notice. We may also require you to validate your Account at registration or if we believe that you have been using an invalid email address.
4.6 Rejection: We reserve the right to reject any registration for an Account and to refuse use of or access to the Website to anyone for any reason, at our absolute discretion.

PLACING AN ORDER AND FORMING AN AGREEMENT

5.1 Registration: Once you have registered for an Account, you will be able to place an Order.
5.2 Selection of Services: By following the instructions on the Website, you will be able to select those Services in relation to which you would like to submit an Order.
5.3 Confirming your Order: Before submitting an Order, you will be shown a webpage listing the Services you have selected together with the Fees payable for those Services. You will be given an opportunity to correct any errors in your selections prior to submitting your Order. Unless otherwise stipulated on the Website or agreed in writing by us, all Fees are payable in the currency then in force in England (i.e. currently pounds sterling).
5.4 Payment of Fees: The Fees are payable by you in advance at the intervals specified in the Order Acceptance in respect of the Services you will be receiving, and you will pay the first tranche of Fees to us in advance at the time that you submit your Order. You must pay the Fees by Paypal or Worldpay only; you must have an account with Paypal or Worldpay in order to submit an Order and you must agree to Paypal or Worldpay’s (as appropriate) terms and conditions in order to have such an account. We shall not be bound to supply any Services to you until we have received the necessary cleared funds in full.
5.5 Having sufficient funds: Paypal or Worldpay will ask you to provide details of a payment card or account, and you must be fully entitled to use that card or account. That card or account must have sufficient funds to cover the payment(s) to be made to us.
5.6 Subject to these General Terms and the Schedules: When you submit an Order to the Website, you agree that you do so subject to these General Terms and the relevant Schedules current as at the date on which you submit your Order. It is your responsibility to review the latest General Terms and the relevant Schedules each time you submit an Order.
5.7 Order is an offer only: Your Order is an offer to purchase Services from us, and it remains an offer until we issue our Order Acceptance or when we receive your notice that you would like to cancel your Order, whichever is earlier.
5.8 Accepting your Order: We shall not be obliged to provide any Services to you until we have accepted your Order for those Services. We may refuse to accept your Order for any reason (at our absolute discretion). Any Order Acknowledgement that we send to you, whether by email, letter or by any other media, is for your information only and is not an Order Acceptance. An Order Acknowledgement may contain an Order number and details of your Order. This Agreement will be formed when we accept your Order and become legally bound to provide the Services to you. Such acceptance takes place when we expressly accept your Order by sending you an Order Acceptance, whether by email, letter or any other media, which shall state that we are accepting your Order. An Order Acceptance shall take effect when it has been sent to you by us.
5.9 Invoicing: We may send you an invoice at any time after we have sent you an Order Acceptance.
5.10 Cancelling before acceptance: Until we have sent you an Order Acceptance, we reserve the right to refuse to process your Order, and you reserve the right to cancel your Order. If we or you cancel your Order before we have sent you an Order Acceptance, then we will arrange for you to be refunded any Fees that you have already paid in respect of that Order.
5.11 Mistakes in your Order: If, after submitting your Order, you realise that you have made a mistake in your Order, please contact us as soon as possible using the support ticketing system available through your Account.

PROVISION OF THE SERVICES

6.1 Activation: When we send you an Order Acceptance, we will activate the Services that are the subject of your Order. We inform you of such activation in the Order Acceptance.
6.2 Term: Following the date of the Order Acceptance, this Agreement will continue in force until otherwise terminated in accordance with this Agreement.
6.3 Services: We shall provide to you the Services that are set out in the Order Acceptance that are the subject of this Agreement. We warrant that:
6.3.1 we shall use our reasonable skill and care in providing the Services;
6.3.2 our employees, agents and subcontractors have the necessary skill to provide any Services;
6.3.3 any Services will be provided in a professional, competent and workmanlike manner;
6.3.4 we have all necessary consents, rights and permission to enter into, and perform our obligations under, this Agreement; and
6.3.5 we shall comply with all applicable laws, statutes, regulations and bye-laws in relation to the exercise of our rights and performance of our obligations under this Agreement.
6.4 No warranty: We do not warrant that the Services will meet your individual requirements. We are not responsible for any people, equipment, deliverables or services that we are not expressly stipulated to provide in this Agreement. You are responsible for any people, equipment, deliverables and services that you need to obtain from someone other than us. Except for any matter in relation to which we specifically agree in writing to advise or do, we shall not be responsible, or have any Liability (subject to Clause 18.3 or Clause 19.3 (as applicable)) for advising on, or failing to advise on, or doing, or failing to do, anything else.
6.5 “Unlimited” features: Where we say, in this Agreement or on the Website generally, that features of the Services are “unlimited”, that is always subject to:
6.5.1 fair use;
6.5.2 your use of the Services for what a reasonable person might consider to be the provision of a publicly available website;
6.5.3 Clause 7.12; and
6.5.4 your compliance with Clauses 7.2.11(e), 7.8, 7.10 and 7.11.
6.6 No guarantee: We do not warrant that the Services (including any access to your Account) will be uninterrupted, error-free or secure from unauthorised access, or that they will meet your individual requirements. Whilst we use our reasonable endeavours to make the Services available, we shall not have any Liability (subject to Clause 18.3 or Clause 19.3 (as applicable)) if for any reason the Services are unavailable for any time or for any period. We make no warranty that your access to the Services will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. However, we will use our reasonable endeavours to ensure at least a 99.9% uptime Services availability level.
6.7 Improvements: We reserve the right, at any time, to carry out repairs, maintenance or introduce new facilities and functions in respect of all or any part of the Services. If you do not like the changes we make, you may terminate this Agreement in accordance with Clause 13.2.1.
6.8 Monitoring: We will monitor our provision of the Services using our own monitoring tools. We will only rely on our own monitoring tools to assess the performance of the Services, and we will not consider or accept any results, reports or data from your monitoring tools in relation to the Services.
6.9 Timescales: We shall use our reasonable endeavours to perform our obligations under this Agreement within any timescales set out in this Agreement. However (subject to Clause 18.3 or Clause 19.3 (as applicable)), we shall not have any Liability for any delays or failures to accurately perform our obligations:
6.9.1 if we have used those endeavours; or
6.9.2 if caused by any failure or delay on your part or by any breach by you of this Agreement or any other agreement between us and you.
If there is any slippage in time, we shall use our reasonable endeavours to reschedule delayed tasks to a mutually convenient time.

6.10 Our responsibility: Except as specifically stipulated in this Agreement, we shall not be responsible for providing or achieving any particular results or outcomes or within a particular time.
6.11 Exclusions: Except where expressly stated in this Agreement, we exclude all conditions, warranties, terms and obligations, whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law in respect of the Services.
6.12 Our access: Where necessary, we may need to access your Services and Material, and you acknowledge that we may make such access without informing you (subject always to our Privacy and Cookies Policy).
6.13 No warranty as to compatibility: We do not warrant that the Services will be compatible with all Material.
6.14 Third party access: You acknowledge that the servers used in the provision of the Services (including virtual private services (known as VPS servers) and physical private servers (known as dedicated servers)) may be accessible to all users of the Internet. We do not and cannot make any guarantee as to, and (subject to Clause 18.3 or Clause 19.3 (as applicable)) we shall not have any Liability in respect of, the protection or security of any information held on the servers.
6.15 Servers: We may, at our absolute discretion, from time to time either host the Services (and any Material) on our own servers or use third party suppliers to do so in whole or in part. You acknowledge that we may from time to time without prior notice and without the need for prior agreement:
6.15.1 move the hosting of the Services (and any Material) to such servers (both internal and external) as we consider appropriate, at our absolute discretion; and
6.15.2 provide reasonable additional obligations or requirements on you or reasonably restrict your rights due to the requirements of the third party suppliers.

YOUR OBLIGATIONS

7.1 Correct information: You must only submit to us or the Website information (whether Material, contact details or otherwise) which is accurate and not misleading and you must keep it up-to-date and inform us of any changes.
7.2 Your responsibilities: You must:
7.2.1 co-operate with us;
7.2.2 provide us with any information we reasonably require in respect of the Services from time to time;
7.2.3 report any faults or suspected faults with or in the Services to us immediately upon discovery;
7.2.4 report to us any abuse of the Internet (including spam, hacking and phishing) that you consider to have taken place through the use of the Services by any person, and you shall include in such report as much information as you are able to provide to us relating to the type of abuse that you have witnessed;
7.2.5 use your own login details for the Website and not impersonate any other person or adopt a false identity;
7.2.6 keep your password strictly confidential and secure, and immediately change your password if you know or suspect that any unauthorised third party becomes aware of your password or if you become aware of unauthorised use of your password or there is any other breach of security known or suspected by you;
7.2.7 maintain access to the Services through your Internet or telecoms service providers, and we are not responsible for any connections from your system to the Services;
7.2.8 license and configure any third party hardware and/or software necessary for you to remotely access and use the servers we use in the provision of the Services;
7.2.9 be responsible for ensuring that you have the knowledge and expertise necessary to access and make use of the Services;
7.2.10 ensure that all Material is suitable and prepared for use in conjunction with the Services;
7.2.11 be responsible for ensuring that, and you hereby warrant and undertake to us that, your use of the Services and any Material:
(a) does not infringe the privacy rights or Intellectual Property Rights of any third party;
(b) does not harm us or bring us or our name into disrepute;
(c) is not for the purposes of sending spam or other unsolicited emails;
(d) is not for the purposes of breaching or circumventing the security of any network or Internet user;
(e) does not impose an unreasonable or disproportionately large load on our infrastructure or the Services (whether or not the Services have “unlimited” elements, such as in relation to Internet traffic or disk usage);
(f) does not interfere with another user’s use of the Services or similar services;
(g) is not defamatory, obscene, abusive, malicious, indecent, harassing or discriminatory;
(h) conforms in all respects will all applicable laws, rules, regulations, bye-laws and codes of practice (including disability discrimination, intellectual property, privacy and data protection laws); and
(i) does not contain any material detrimental to us or any other user of the Services or similar services, including any viruses, trap doors, back doors, Trojan horses, time bombs, easter eggs, worms, cancelbots or other computer programming routines that are intended to detrimentally interfere with, damage, expropriate or surreptitiously intercept any system, data or personal information;
(j) does not permit self-stored backups, or the storage of media content such as video, gaming or other (at the discretion of management)
(k) does not permit storage of archive files, such as .zip or .tar.gz. It is within our discretion on maintenance / cleanup tasks to remove these files when necessary.
(l) does not abuse trial and promotional codes, discounts or periods for the benefit of extended service or replacement to a fully paid service.
(m) does not permit the usage of teamspeak, or any other services making use of the hosting account solely for the purpose of gaming, chatbots, irc or chatrooms. This includes the use of the server solely for the purpose of remote mysql for such services.

7.2.12 promptly comply with our reasonable requests from time to time in connection with this Agreement; and
7.2.13 ensure that the Services are sufficient and suitable for your purposes and meet your individual requirements.
7.3 Restrictions: You must not, whether yourself or in conjunction with anyone else:
7.3.1 manipulate Orders or transactions in ways that are unfair to us or other users of the Website and/or the Services; and
7.3.2 use or access the Website and/or the Services in contravention of any applicable law.
7.4 Warranty as to Material: You warrant that any Material is owned by you. It is your responsibility to make sure that you have all necessary rights and consents relating to your use of the Material in conjunction with the Services.
7.5 Backups: You are responsible for keeping regular and full backups of all Material. Subject to Clause 18.3 or Clause 19.3 (as applicable), we shall have no Liability for any failure by you to backup any Material. If any Material is lost or corrupted for any reason and you do not have an appropriate backup, we will not be able to help you recover that lost or corrupted Material. Accounts are excluded from our backup schedule on the basis that they exceed 3GB in storage space. This is to ensure the backup process isn’t over-consuming load and not to impact performance of a web server. If an account exceeds this limit, it is your responsibility to contact customer support to request an ‘include’ privilege.
7.6 Indemnity as to Material: You shall indemnify and hold us harmless against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you of Clauses 7.1, 7.2, 7.3, 7.4 or 7.5. This indemnity shall apply whether or not you have been negligent or at fault.
7.7 Insurance: You are responsible to ensure that you have in place insurance in relation to any Material, including in relation to the loss or corruption of that Material.
7.8 Data warehousing (or similar): You acknowledge that the Services and any Material may not be used for the purpose of data warehousing such as (but not limited to) storage of backup or archival data, mirror sites, or personal multimedia content such as movies, music, photos or other media.
7.9 Excess usage: We monitor use of the Services and, if we consider that, for example, your use of the Services (for example, your mailboxes, disc space usage or CPU) is excessive, we reserve the right to:
7.9.1 contact you requiring you to reduce that usage; and/or
7.9.2 in respect of mailboxes, empty your spam/junk/deleted items folder, provided we inform you by email seven days in advance.
7.10 Peer-to-peer media (including files) sharing or streaming: You acknowledge that the Services and any Material may not be used for the purpose of peer-to-peer file or media sharing, streaming, BitTorrent, Tor or other similar forms of data transmission.
7.11 Content delivery networks: You acknowledge that the Services and any Material may not be used for the purpose of providing or participating in a content delivery network.
7.12 Suspension of the Services: We reserve the right to suspend our provision of the Services to you if your use of the Services is having a detrimental impact on our other customers. This might happen if, for example, your website (in respect of which you use the Services):
7.12.1 has been hacked (such as through bugs in commonly-used software including WordPress);
7.12.2 contains malware;
7.12.3 is attacked (including by a denial of service attack); and/or
7.12.4 is badly coded.
In all of these examples, your website might use excessive resource on our servers to the detriment of our other customers’ use of the Services. Following the decision to suspend any Services, we will contact you with details of the suspension and invite you to remedy the situation if appropriate, or – for example in the case of a denial-of-service attack – when we will next review the situation. In such a situation, you are able to discuss what may be required for the Services to be reinstated by contacting us through the support ticketing system available through your Account.

7.13 Removal of Material: We reserve the right, and have absolute discretion, but not an obligation, to remove, screen or edit any content (including Material) that breaches this Agreement or is otherwise objectionable. Without prejudice to any other provision of this Agreement, we reserve the right to immediately remove any Material to which we object and/or if you are otherwise making inappropriate use of the Services contrary to the requirements of this Agreement.

SUPPORT SERVICES

8.1 What we provide: We shall use our reasonable endeavours to correct any errors or omissions in the Services as soon as practicable during Business Hours on Business Days after receiving full and clear information on them. However, since we do not guarantee that the Services will be free from faults, we shall provide support accessed by means of a ticketing system available through your Account for you to use for us to deal with any faults and also for answering queries (“Support Services”). We shall use our reasonable endeavours to respond to a request for Support Services within a reasonable time, but we cannot guarantee any particular result or outcome nor within any particular time. In particular, without limitation, we may need to obtain support in turn from a third party that assists us with the provision of the Support Services.
8.2 Exclusions: The following are expressly excluded from the Support Services:
8.2.1 rectification of lost or corrupted Material;
8.2.2 rectification of any failure by you to take appropriate backups;
8.2.3 resolving faults or defects that arise as a result of your failure to comply with this Agreement or any other agreement between you and us; and
8.2.4 changing or updating in any way the content of any website that is the subject of this Agreement.
We may provide any of the excluded services listed in this Clause 8.2 as part of the Support Services at our absolute discretion. Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any Liability for our provision of any of those excluded services to you.

8.3 Charges: We provide the Support Services with every Agreement as an inclusive part of the Services, at no extra charge.

RESALE OF THIRD PARTY SOFTWARE AND SERVICES

9.1 Third parties: Where the Services involve the resale by us to you of software owned, or services/products provided, by a third party, you purchase a licence to use that software and those services/products from the relevant third party, and you do so subject to the relevant third party’s software licence and/or terms and conditions, which will be made available to you on the Website; you will be directed to them on the relevant Services webpage, on our Terms and Conditions webpage and, in some instances, in a Schedule. You will receive no representations or warranties in respect of the license of such software and provision of services/products except those contained in the relevant third party’s licence and/or Terms and Conditions, and you acknowledge that the third party is able to terminate any licence and/or provision of services/products at any time.
9.2 Cost: The Fees for your purchase of a licence to third party software and/or third party services/products are dependent on the relevant third party. Any Fees set out in the Order are estimated only, and the actual amount you pay for the licence and/or the services/products is at the absolute discretion of the third party.
9.3 Support: We may provide Support Services in respect of third party software and services/products purchased through the Services. Whether we are able to provide those Support Services is dependent on the relevant third party providing appropriate support to us.
9.4 Liability: Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any Liability for the actions of third party software and service/product providers, the software they licence, and/or services/products they provide, to you through the Services, or the availability (or otherwise) of support in respect of that software and those services/products.
FEES
10.1 Invoicing and payment: Fees will be payable by you monthly in advance, and we will invoice you monthly for the Fees payable.
10.2 Late payment: We will send you a reminder for payment following our sending of an invoice to you. However, if you have not paid any invoice within 14 days of us having sent that reminder to you, we will cancel this Agreement, and cease to provide the Services, without notice to you. It is your responsibility to make sure that any payment details you have provided to Paypal or Worldpay and the contact details you have provided to us via your Account are correct and up-to-date at all times.
10.3 Increase in Fees: We may increase any Fees at any time on notice to you of three days, with the increase taking effect from the next payment date for the Fees in accordance with Clause 10.1. If you do not accept the increase, you have the right to cancel this Agreement in accordance with Clause 13.2.1.
10.4 VAT: The price of the Services listed on the Website excludes VAT, however you will be charged VAT at the applicable current rate chargeable in the UK. If your use of the Services is for business purposes and your business is located in a country in the European Union that is not in the UK, it is your responsibility to assess and submit VAT to the appropriate authority.

DATA PROTECTION

Please see our Privacy and Cookies Policy which forms part of these General Terms.

INTELLECTUAL PROPERTY RIGHTS

What we own: You acknowledge that we own:
12.1.1 all Intellectual Property Rights in the Services and any rights arising out of any works arising in connection with them; and
12.1.2 any IP address allocated to you as part of the Services, and such IP address is not portable or transferrable to another hosting provider at any time, including in the event that this Agreement is terminated.
We grant to you a non-exclusive licence to use the Services and any such IP address to the extent necessary for you to receive the provision of the Services from us.

12.2 What you own: We acknowledge that you own all Intellectual Property Rights in the Material, where your ownership is subject to the obligations contained in this Agreement and, in particular, Clause 7. You grant to us a non-exclusive licence to use that Material to the extent necessary for us to provide the Services to you.

YOUR RIGHTS TO END THIS AGREEMENT

13.1 You can always end this Agreement: If you are a Consumer and, in some cases, if you are a Business Customer, your rights when you end this Agreement (or cancel any Service) will depend on what Services you have purchased from us, whether there is anything wrong with the Services, how we are performing and when you decide to end this Agreement (or cancel any Service):
13.1.1 if the Services are faulty or misdescribed you may have a legal right to end this Agreement (or to get the relevant Services re-performed or to get some or all of your money back), see Clause 16;
13.1.2 if you want to end this Agreement because of something we have done or have told you we are going to do, see Clause 13.2;
13.1.3 if you have just changed your mind about the Services, see Clause 13.3; you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; and
13.1.4 in all other cases (if we are not at fault and there is no right to change your mind), see Clause 13.4.
13.2 Ending this Agreement because of something we have done or are going to do: If you are ending this Agreement (or cancelling any Service) for a reason set out in Clauses 13.2.1 to 13.2.5, this Agreement (or that Service) will end immediately and we will refund you in full for the Services which have not been provided and you may also be entitled to compensation. The reasons are:
13.2.1 we have told you about an upcoming change to the Services, these General Terms (or a Schedule) or the Fees which you do not agree to (see Clauses 1.3, 6.7 and 10.3);
13.2.2 we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
13.2.3 there is a risk that supply of the Services may be significantly delayed because of an Event Outside Our Control;
13.2.4 we have suspended provision of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
13.2.5 you have a legal right to end this Agreement (or cancel that Service) because of something we have done wrong.
13.3 Exercising your right to change your mind if you are a Consumer (Consumer Contracts Regulations 2013): If you are a Consumer, you have 14 days after the day we email the Order Acceptance to you to change your mind under the Consumer Contracts Regulations 2013; however, we give you more than that, and whether you are a Business Customer or a Consumer, we give you 30 days from the day we email you the Order Acceptance in order to cancel this Agreement and receive a full refund of any amounts you have paid to us in respect of that Order Acceptance. Please note that you do not have a right to change your mind in respect of the Services listed in Clause 17.3.
13.4 Ending this Agreement where we are not at fault and there is no right to change your mind: If you do not have any other rights to end this Agreement (see Clause 13.1), you can still contact us and tell us you want to end it, or cancel any Service. This Agreement (or the relevant Service) will not end until the end of the then current calendar month in which you notify us that you want to end this Agreement (or the relevant Service). We will not refund any advance payment you have made for Services which will not be provided to you except to the extent required by law or otherwise agreed to by you.
HOW TO END THIS AGREEMENT (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
14.1 Tell us you want to end this Agreement: To end this Agreement, or any Service, please let us know by doing one of the following:
14.1.1 Phone or ticketing system: Call customer services on 0330 11 33339 or contact us through the support ticketing system available through your Account. Please provide your name, home address, details of the order and, where available, your phone number and email address.
14.1.2 By post: Print off the Cancellation Form and post it to us at the address on the Cancellation Form. Or simply write to us at that address, including the information required in the Cancellation Form.
14.2 How we will refund you: We will refund you any amounts owing to you for the Services by the method you used for payment.
14.3 When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
14.4 Applicability of this Clause 14: This Clause 14 shall not apply to you if you are a Business Customer.

OUR RIGHTS TO END THIS AGREEMENT

15.1 Termination by us on notice: We may terminate this Agreement, or any Service, at any time by giving to you not less than five Business Days’ notice. In the event that we terminate this Agreement, or any Service, under this Clause 15.1, we will refund to you the Fees that you have paid to us on a pro-rata basis for the period from the date of termination to the date in relation to which you have paid the Fees in advance.
15.2 We may end this Agreement if you break it: We may end this Agreement, or any Service, at any time by writing to you if you:
15.2.1 do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
15.2.2 do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
15.2.3 are in breach of any of your obligations under this Agreement;
15.2.4 are unable to pay your debts when they fall due;
15.2.5 have a petition for administration or winding up proceedings;
15.2.6 have a receiver or manager appointed over any of your property or assets;
15.2.7 are the subject of a bankruptcy petition;
15.2.8 enter into any composition with creditors generally; and/or
15.2.9 take or suffer any steps preparatory to the situations set out in Clauses 15.2.4 to 15.2.8, or if any distress or execution is levied or threatened on any of your property or assets.
15.3 Event Outside Our Control: We may terminate this Agreement in accordance with Clause 21.4.
15.4 You must compensate us if you break this Agreement: If we end this Agreement or any Service in the situations set out in Clause 15.2, we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking this Agreement.

IF THERE IS A PROBLEM WITH THE SERVICES

16.1 How to tell us about problems: If you have any questions or complaints about the Services, please contact us using the support ticketing system available through your Account.
16.2 Summary of your legal rights: We are under a legal duty to supply Services that are in conformity with this Agreement. If you are a Consumer, see the box below for a summary of your key legal rights in relation to the Services. Nothing in this Agreement will affect your legal rights if you are a Consumer. The box below does not apply if you are a Business Customer.
Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says that:

– you can ask us to repeat or fix the Services if they are not carried out with reasonable care and skill, or get some money back if we can’t fix it; and/or

– if you haven’t agreed a time beforehand for us to provide any Services, we must carry out the Services within a reasonable time.

TERMINATION

17.1 On termination: In the event that this Agreement (or any Service) is cancelled or terminated:
17.1.1 all relevant Material will be automatically deleted from our servers and, as is the case through the term of any Agreement in accordance with Clause 7.5, you are responsible for taking appropriate backups of such data and material at all times;
17.1.2 we will cease to provide any relevant Services to you; and
17.1.3 the accrued rights, remedies, obligations and liabilities of us and you as at cancellation or termination shall not be affected, including the right to claim damages for any breach of this Agreement which existed at or before the date of cancellation or termination.
17.2 Post-termination: Termination of this Agreement shall not affect the coming into force, or continuance in force, of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
17.3 Cancellation within 30 days: You may cancel any of the Services at any time within 30 days of having received the Order Acceptance and receive a full refund of any amounts you have paid to us in respect of that Order Acceptance. Such a right will not apply to:
17.3.1 any domain name or SSL certificate that has been issued to you; and/or
17.3.2 any third party software and services that have been issued to you (for example, WHMCS or Blesta licences).
To effect a cancellation in accordance with this Clause 17.3, you should contact us within 30 days of having received the Offer Acceptance by calling customer services on 03301133339 or contacting us through the support ticketing system available through your Account.

17.4 Domain name fees: Please note that domain name registration fees that you pay to us are not refundable and the domain name will remain registered for the duration of the registration term. Once this term has expired, unless you have renewed the term, the domain name will expire. Please see the Schedule on Domain Registration Services for more information.
17.5 SSL Certificate fees: Please note that SSL Certificate fees that you pay to us are not refundable and the SSL Certificate will remain issued for the duration of the SSL Certificate term. Please see the Schedule on SSL Certificate Services for more information.

LIMITATION OF LIABILITY IF YOU ARE A CONSUMER

18.1 Applicability of this Clause 18: This Clause 18 shall not apply to you if you are a Business Customer.
18.2 If you are a Consumer: If you are a Consumer, nothing in this Agreement (including this Clause 18) affects or limits your statutory rights (including, without limitation, the right to insist that the Services shall be provided to you using reasonable skill and care).
18.3 What we do not exclude Liability for: We shall not exclude or limit our Liability for:
18.3.1 our fraud; or
18.3.2 death or personal injury caused by our Breach of Duty; or
18.3.3 any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
18.3.4 the Consumer Rights Act 2015; or
18.3.5 the Consumer Protection (Amendment) Regulations 2014; or
18.3.6 any other Liability which cannot be excluded or limited by applicable law.
18.4 What we are responsible for: If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Agreement.
18.5 Consumers only: We only provide the Services to you, as a Consumer, for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and, subject to Clause 18.3, we shall have no Liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

LIMITATION OF LIABILITY IF YOU ARE A BUSINESS CUSTOMER

19.1 Applicability of this Clause 19: This Clause 19 shall not apply to you if you are a Consumer. This Clause 19 applies only if you are a Business Customer.
19.2 What this limitation applies to: This Clause 19 prevails over all of this Agreement and sets forth our entire Liability, and your sole and exclusive remedies, in respect of:
19.2.1 performance, non-performance, purported performance, delay in performance or mis-performance of this Agreement or any services or deliverables in connection with this Agreement; or
19.2.2 otherwise in relation to this Agreement or entering into this Agreement.
19.3 What this limitation does not apply to: We shall not exclude or limit our Liability for:
19.3.1 our fraud; or
19.3.2 death or personal injury caused by our Breach of Duty; or
19.3.3 any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
19.3.4 any other Liability which cannot be excluded or limited by applicable law.
19.4 Breach of Duty excluded: Subject to Clause 19.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any Liability arising pursuant to the terms of this Agreement.
19.5 What else we are not liable for: Subject to Clause 19.3, we shall not have any Liability in respect of any:
19.5.1 indirect or consequential losses, damages, costs or expenses;
19.5.2 loss of actual or anticipated profits;
19.5.3 loss of contracts;
19.5.4 loss of use of money;
19.5.5 loss of anticipated savings;
19.5.6 loss of revenue;
19.5.7 loss of goodwill;
19.5.8 loss of reputation;
19.5.9 loss of business;
19.5.10 ex gratia payments;
19.5.11 loss of operation time;
19.5.12 loss of opportunity;
19.5.13 loss caused by the diminution in value of any asset; or
19.5.14 loss of, damage to, or corruption of, data;
whether or not such losses were reasonably foreseeable or we or our agents or contractors had been advised of the possibility of such losses being incurred. For the avoidance of doubt, Clauses 19.5.2 to 19.5.14 (inclusive) apply whether such losses are direct, indirect, consequential or otherwise.

19.6 The limitation: Subject to Clause 19.3, our total aggregate Liability arising out of or in connection with all claims in aggregate (including warranty claims and losses relating to the breach of warranty) shall be limited to the greater of:
19.6.1 110% of all amounts paid and total other sums payable, in aggregate, by you to us under this Agreement in the 12 months prior to the date on which the claim first arose; or
19.6.2 £4,000.
19.7 The effect of the limitation: The limitation of Liability under Clause 19.6 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
19.8 Your acknowledgement: You acknowledge and accept that we only provide the Services to you on the express condition that we will not be responsible for, nor shall we have any Liability (subject to Clause 19.3) directly or indirectly for any act or omission of you or any third party.

NOTICES

20.1 Termination: This Clause 20 does not apply to termination or cancellation of this Agreement or any Services, which is dealt with elsewhere in these General Terms.
20.2 Giving a notice: Subject to Clause 20.1, any notice given to either us or you by the other under or in connection with this Agreement shall be in writing, addressed (as applicable) to us at our registered office or addressed to you at such address as you may have specified to us from time to time, and shall be delivered personally, sent by pre-paid first class post, recorded delivery or commercial courier.
20.3 When a notice is considered delivered: A notice shall be deemed to have been received: if delivered personally, when left at the address referred to in Clause 20.1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; and, if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.

EVENTS OUTSIDE OUR CONTROL

21.1 No liability: Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any Liability or be responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.
21.2 Meaning of an Event Outside Our Control: An “Event Outside Our Control” means any act or event beyond our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
21.3 What happens following an Event Outside Our Control: If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
21.3.1 we will contact you as soon as reasonably possible to notify you of the Event Outside Our Control; and
21.3.2 our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of our responsibilities under this Agreement, we will restart the performance of those responsibilities as soon as reasonably possible after the Event Outside Our Control is over.
21.4 Cancellation following an Event Outside Our Control: You may cancel this Agreement if an Event Outside Our Control takes place and you no longer wish to make use of the Services. Please see your cancellation rights under Clause 17. We will only cancel this Agreement if the Event Outside Our Control continues for longer than four weeks, in which case such cancellation shall have immediate effect.

RETENTION OF RECORDS

We shall keep a record of your Order and this Agreement until six years after you submit your Order to us through the Website. However, for your reference in future, we recommend that you print and keep a copy of this Agreement, your Order, the Order Acknowledgement and the Order Acceptance.

COMPLAINTS

We value your satisfaction with the Website and the Services. If you have a complaint, you should contact us by means of the Support Services. We will try to address any such complaints you may have as soon as reasonably possible. If you feel that your complaint was not addressed to your satisfaction, then you may escalate your complaint by means of a notice (see Clause 20). Upon receipt of such notice, your complaint will be assessed by a company director and a full response will be made within 15 Business Days.

GENERAL

24.1 Third party rights: A person who is not us or you shall not have any rights under or in connection with this Agreement.
24.2 Transfer by you: This Agreement is personal to you. You may not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, this Agreement or any right, benefit or interest under it, nor transfer, novate or sub-contract any of your obligations under it, without our prior written consent (such consent not to be unreasonably withheld or delayed).
24.3 Transfer by us: We may transfer our rights and obligations under this Agreement to another organisation, and we will always inform you if that happens, but this will not affect your rights or our obligations under this Agreement.
24.4 Waiver: If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
24.5 Severance: Each of the provisions of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
24.6 No partnership: Nothing in this Agreement shall constitute a partnership or employment or agency relationship between us and you.
24.7 Governing law: This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
24.8 Jurisdiction (if you are a Consumer): If you are a Consumer, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction. This Clause 24.8 shall not apply if you are a Business Customer.
24.9 Jurisdiction (if you are a Business Customer): If you are a Business Customer, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation. This Clause 24.9 shall not apply if you are a Consumer.

Domain Registrations

We are a Nominet Registrar and as such may provide you with a domain name via Nominet. Please be aware that by registering a .uk domain name, you are bound by Nominet’s Terms and Conditions https://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration

All non-UK domains are provisioned through our registrar partner OpenSRS / Tucows Domains. As such we cannot guarantee the availability of a particular domain, however any charges incurred in the registration of a domain which is subsequently found to be unavailable will be refunded in full.

Both UK and non-UK domains are provisioned through third-party registrars.

Please note that the registrars may reject the registration of a domain if invalid information is provided at the time of order. All TLDs and ccTLDs have differing validation requirements which are also subject to change. As such we are not responsible for the validation of such data and it is your responsibility to check that a domain registration has been completed by the receipt of a ‘domain registration confirmation’ email. In the unlikely event a domain is rejected by the registrar, you will not receive such an email and we would need to be alerted to investigate this with the registrar directly and process the registration manually.

This Acceptable Use Policy (the “Agreement”) sets forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to Xtreme Hosters , as well as its subsidiaries and sister companies (“Xtreme Hosters”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by Xtreme Hosters. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional Xtreme Hosters service(s) or products or to cancel Your Xtreme Hosters service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. Xtreme Hosters’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.

 
User Obligations

represent and warrant to Xtreme Hosters that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Xtreme Hosters shall not be used in connection with any illegal activity.
You expressly (i) grant to Xtreme Hosters a license to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by Xtreme Hosters under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.

 
Network Interruptions / Downtime

Xtreme Hosters will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Xtreme Hosters be liable to You for any damages resulting from or related to any failure or delay of Xtreme Hosters in providing access to the Internet under this Agreement. In no event shall Xtreme Hosters be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Xtreme Hosters under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder within a given month and would be first subject to those terms outlined within our ‘Service Level Agreement’. The terms of this Section will survive the termination of this Agreement.

 

Accounts

This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Xtreme Hosters account may not be transferred without prior written approval from Xtreme Hosters.

 

IP Addresses

Xtreme Hosters assigns to You an Internet Protocol (“IP”) address in connection with Your use of the Xtreme Hosters services. The right to use that IP address will remain with and belong only to Xtreme Hosters, and You will have no right to use that IP address except as allowed by Xtreme Hosters in its sole and absolute discretion.

 

SSH Access

You may enable SSH access in Your account, or by contacting our Support team. Upon completion of said terms You will be granted Jail / Caged access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.

 
Trials, Promotions and Discounts

Any client or reseller of the Xtreme Hosters services may throughout the duration of the agreement, be provided with access to promotions, discounts or trial periods of new services.

In the agreement of these terms, the client shall not abuse the discount and promotional facilities provided for the benefit of replacement on existing services. Instead, the discounts shall be provided solely as promotional discounts apply to any secondary services or products. 

Any discounts applicable to new or existing services will be under the above terms unless explicitly stated otherwise either here in writing, or via the promotional content surrounding the discount. 

Certain clients or client groups may be provided exclusivity to a discount or promotional code. These discounts or promotions, unless stated otherwise herein writing, should and must not be shared.

Anyone found in breach of these terms may be suspended or removed entirely (with termination or account closure), as specified in our general Hosting Terms. 

Prohibited Activities

By using any Services, provided by Xtreme Hosters You agree:

  • not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
  • not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
  • not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
  • not to make, attempt or allow any unauthorized access to Xtreme Hosters website, servers, your own hosting account or the account of any other customers of Xtreme Hosters.
  • not to allow any remote code execution of malicious software through the hosting account provided by Xtreme Hosters.
  • not to cause denial of service attacks, port scans or other endangering and invasive procedures against Xtreme Hosters servers and facilities or the servers and facilities of other network hosts or Internet users.
  • not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
  • not to use Xtreme Hosters services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
  • not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
  • not to upload content or facilities which may render the service a virtual private network / proxy service for traffic tunnelling or networking
  • not to engage in or to instigate actions that cause harm to Xtreme Hosters or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Xtreme Hosters reserves the right to refuse service to anyone upon Our discretion. Any material that in Xtreme Hosters judgment, is either obscene or threatening is strictly prohibited and will be removed from Xtreme Hosters servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Xtreme Hosters will take corrective action upon our own discretion and will notify You. Xtreme Hosters decision in such case is binding and final, and cannot be a subject of a further change. Xtreme Hosters cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Xtreme Hosters or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 7 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Xtreme Hosters will not be liable for any loss or damages in such cases.
  • At its discretion, Xtreme Hosters can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

 

Email and Anti-SPAM Policy

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Xtreme Hosters. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. Xtreme Hosters prohibits the following activities listed without limitation hereunder:

  • Usage of the Xtreme Hosters network and systems to receive replies to unsolicited mass e-mail messages.
  • Forgery of e-mail headers (i.e.”spoofing”).
  • Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
  • Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
  • Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
  • Hosting any web pages or providing any services that support spam.
  • Using an API to bulk-generate or create mailboxes or email addresses
  • Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
  • Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.

If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a £1000 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.

We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.

 

Resource Limitations

The shared hosting services offered by Xtreme Hosters Ltd comprise the provision of web space on our servers, enabling you to upload website pages and files for the purpose of website publishing.

The shared hosting services offered by Xtreme Hosters may be offered on an ‘unlimited’ basis in terms of server storage, or bandwidth for normal routine ‘non-file-distribution’ web usage. From websites that allow the downloading of video or audio files we reserve the right to impose a limit of ten (10) GB total per account. 

In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:

a. use more than 10% of our platform’s processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations
b. run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
c. run any type of web spider or indexer
d. run any software that interfaces with an Internet Relay Chat network
e. run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers
f. participate in any file-sharing/peer-to-peer activities
g. run any gaming servers or gaming related facilities
h. run entries or other scheduled tasks other than by configuring them through our control panel
i. give away web space under a domain (including Resellers giving away free websites)
j. operate a proxy website or service
k. as a remote file host for other websites
l. operate self-hosted file sync or similar “cloud storage” based services including (but not limited to) OwnCloud, Pydio and Sparkleshare.
m. run any news / article based blogs or websites which generate content through the use of bots

You must not use the Hosting Services as a backup facility or file-share. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that fall within any of these terms without giving notice to you.

All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, Bing, Yahoo and other large search engines.

MySQL Databases may be limited to 1024 megabytes in size at our discretion. Databases in excess of this size may, only via prior consent be ran under our supervision.

For Hosting Accounts

Your use of the server resources shall not endanger the capacity and operation of the shared server. 

Any shared or reseller hosting service / account may use no more than the resources outlined against its package.

Accounts that are deemed to exceed those resource limits (by examination of LVE faults or at the discretion of Xtreme Hosters) will be suspended pending further investigation. 

Where we deem necessary and within our discretion, we reserve the right to account removal, without guarantee of backup availability to ensure the stability of the service to others on the same shared server/environment. 

We may provide a ‘burstable’ allowance ahead of the resources available to the chosen package, which is provided solely at our discretion. We may on occassion burst the resources of a particular account to maintain stability of the service / server your account is hosted on.

If we see excessive faults / usage against a particular account, we reserve the right to maintain suspension / removal on a permanent basis. 

In all cases of overusage, we will try to provide an alternative solution, which in most cases me incur an alternative charge or service, either by ourselves or a 3rd party recommendation.

 
For Resellers

As a reseller, you agree that you are bound to the above terms, and any other terms outlined within all sections of our Terms and Conditions.

Alongside these terms, you as a reseller agree not to:

  • Re-sell or offer for the use of third parties any part of our hosting services unless a specific reseller product has been purchased
  • not to access without authority, interfere with, damage or disrupt any part of the hosting service, any equipment or network used to provide the hosting services, any software used in the provision of the hosting services
  • suspended accounts / deactivated accounts may be removed at our discretion following 7 calendar days

You agree that it is your responsbility as the reseller of good housekeeping of the service offered to you. 

You agree that it is your responsbility to monitor, and delete files / accounts that are in breach of any of our outlined terms

It is within our discretion to terminate or remove a reseller account, should there be repeat attempts to breach the outlined terms and conditions without prior warning.

Whilst the quantity of accounts can be considered ‘unlimited’, we retain the right to impose limits in cases whereby the usage is deemed ‘excessive’, or is consuming more than 25% of the servers overall usage. In such cases, Xtreme Hosters will try to offer an alternative solution,  by means of secondary or replacement products / upgrades.

 
Disk Usage Provision

The content on your website must be linked from an HTML or similarly coded web page with all content freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Your hosting account should consist mostly of html and php files.

Downloadable files, media, databases must comply with the following limitations:

  • A maximum of 5GB of a shared hosting account can be allocated to music, video or other multimedia files including but not limited to .aac, .avi, .mp3, .mp4, .mpeg, .jpg, .png, .gif files;
  • A maximum of 5GB of a shared hosting account can be allocated to any archive and disk image files containing the complete contents and structure of a data storage medium;
  • A maximum of 1GB of a shared hosting account can be allocated to databases and database dumps including but not limited to .sql files;
  • A maximum of 1GB of a shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program.

Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.

Under its sole discretion, Xtreme Hosters reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with Xtreme Hosters and shall be made in its reasonable discretion. 

Xtreme Hosters reserve the right to remove the following extensions (by example, but not exclusive to) without prior warning, and at its sole discretion – mp3, mp4, tar.gz, zip, .wpress, .jpa, .exe, wav

 

Backup Limitations

Any shared hosting account that uses more than 10GB of disk space or contains more than 200,000 inodes may be removed from our weekly or daily backups. Any user whose hosting account is using more than 10GB of disk space or contains more than 200,000 inodes is solely responsible for maintaining the copy of his/her account.

Softaculous backups will be removed from the server and no copy will exist.

Plugins used for backups may not store local backups within the account quota and may only be stored ‘offsite’ with an arranged cloud storage provider, such as Google Drive or S3. Any backups left on the system, or excessive backups retained may lead to account suspension or removal.

The following extensions / files will be excluded from our backups…

*.swf
*.flv
*.exe
*.xen
*.iso
*.7z
*.tar
*.jpa
*.wpress
*.tar.gz
*.zip
*.mp4
*.mp3
*.wav
backup-*.tar.gz
cpmove-*.tar.gz
site-*.tar.gz
.MirrorSearch
*/com_akeeba/backup/*
*/backupbuddy_backups/*
*/.wysiwygPro_*
*/core.[0-9]*
public_html/cache/*
tmp/*
logs/*
.cagefs
.cagefs*
.cpan
.cpanel/caches
.cpanel/datastore
.cpcpan
.sqmailattach
.cpanel/*.sock
access-logs/*
*/error_log
public_ftp/*
softaculous_backups/*
*/wp-content/uploads/wpcf7_captcha/*
*/wp-content/widget-cache/*
*/wp-content/cache/*
*/wptsc-cachedir/*
mail/*/*/.Trash/*
mail/*/*/.Drafts/*
mail/.Drafts/*
mail/.Trash/*

The above list can be ammended or altered at any time. The general script we use for removal of files, when required to urgently clear disk space can be found here…

https://gitlab.com/Xtreme Hosters/file-dump/-/raw/master/scripts/clean_server.sh

The above extensions may on occassion also be removed from account storage automatically, to ensure stability / free storage capacity on any shared server /service.

Automatic backups are only available where stated within the marketing collateral for that particular product. Unless otherwise stated, we will not retain backups (for example, VPS servers / dedicated servers).

Our standard shared / reseller backup schedule is as follows…

7 Daily Backups
4 Weekly Backups

Backups are stored off-site, and are managed from within the hosting account. 

Whilst we will maintain every effort to ensure backups are complete and available, Xtreme Hosters cannot be held responsible where backup data s missing or corrupt.

When an account is terminated / removed either by us or the reseller (either through purpose, or human error), we may hold backups of the removed account for a maximum 48 hours. The standard retention policy does not apply post-removal.

Email Services

You should use email and other related services in full compliance with the terms below:

In order to safeguard overall server performance, You may send and/or forward not more than the following number of emails, per hour per domain:

Our Premium products may offer varying/increased sending limits.

For Shared Hosting accounts, email storage shall not exceed the 10GB limit per mailbox (or 30GB in total for an individual ‘account’)

For Shared or Reseller hosting accounts, there must not exceed 30 email addresses provisioned for a single user.

For IMAP/POP3 mailboxes, You may perform up to 100 email checks per hour.

For POP3, You may perform up to 10 concurrent connections to the email system per IP address on Shared and Reseller servers, and up to 20 concurrent connections to the email system per IP address on Business and Email servers.

For IMAP, You may perform up to 30 concurrent connections to the email system per IP address on Shared, Reseller, Business and Email servers.

Xtreme Hosters may, at its sole discretion, limit the volume of email messages You can deliver through our services. Xtreme Hosters may limit email volume by queuing Your email messages internally, or by temporarily rejecting requests to send email through our services. Xtreme Hosters may block any message You attempt to submit using our services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will Xtreme Hosters be liable to You or any other party for any indirect, special, economic or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.

 

Upgrade to VPS / Elastic Cloud

Each hosting account can be upgraded to a VPS (Virtual Private Server) or the Elastic Cloud. The upgrade is performed by Xtreme Hosters after You have paid the first month fee. The fee depends on the VPS type chosen by You and is non- refundable. Prorate amount for unused time of the shared hosting account will not be refunded, it will be added to Your account balance in the event of upgrade to VPS. Once the account is transferred to the VPS the Virtual hosting account is terminated and the new VPS account use is governed by the following terms.

Certain situations may deem an upgrade to a VPS, in order to move an account, or service away from services or servers shared by others, such as excessive resource consumption.

 

IPv4 Usage Policy

Due to the exhaustion of the IPv4 address space we actively conserve IP address space by limiting the IP addresses each web hosting account can use.

Shared hosting accounts may each use only 1 IP address.

Reseller hosting accounts may use up to 10 IP addresses. The number of IPs that are included and the account may use up to are indicated in the plan specification.

The IP address limit is a per account, not a per customer basis. Customers may hold multiple accounts to get access to additional IP addresses. We strongly urge customers to only use IP addresses for essential use and we do require justification for usage.

The provision of additional IP addresses will be chargable.

 

VPS Fair Usage

Use of Traffic (Bandwidth).

Your account monthly traffic may be limited in accordance with the VPS Type. The additional bandwidth is paid and applied on a monthly basis. The fee is non-refundable. If the monthly traffic limit is reached before the end of the month Your account will be suspended until the beginning of the next month.

Disk Space Usage.

Your account disk space is limited in accordance with the VPS Type. Up to 4 GB from the disc space is allocated to the VPS system files and this space cannot be used for storing Your content.

Additional Services.

The initial and renewal fees for each VPS include the number of IPs in accordance with VPS type. Additional IPs can be added to a VPS. In such a case Xtreme Hosters will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per month basis. The fee is non-refundable.

You can order Additional RAM as extra features to Your VPS account(s). Xtreme Hosters will charge the appropriate fee for the additional RAM, depending on the amount of RAM ordered. The fee is applied and paid on a monthly basis. The fee is non-refundable. Renewal fee is due for the Additional RAM each month after the initial order, until the upgrade or the VPS account itself is cancelled. You are solely responsible to make the renewal payments in a timely manner. In case no renewal payment is received, Xtreme Hosters will remove the additional RAM or will suspend the whole VPS account until receiving additional RAM renewal payment.

VPS Servers are not included in r daily, or weekly backups. We strongly encourage you utilise a remote backup facility in the case of data-loss of corruption which may be irretrievable. Xtreme Hosters cannot be held liable for the loss of data within a VPS.

 
VPS Management

As part of our VPS products, we may include ‘management’, which is available in the following tiers…

Unmanaged
No assistant in software/server management included

Managed
Our management offering is ideal for those who are able to handle the day to day operations of your server, but would require occassional assistance. Our managed VPS option may be included as standard with your VPS purchase, but support / assistance will be limited to 1 hours monthly. Additional management hours can be purchased, or may be billed at the standard rate of £75+VAT per hour. The support team under a basic management plan will not access a server, and will provide only documentation or references to assist in terms of diagnosing any potentials issues within the server.

Fully Managed / Monitored

Our highest level of management allows us to provide full server administration with up to 3 hours of technical assistance / consultation monthly. We will also monitor your server pro-actively, via our Nagios / check_mk monitoring suite. Tasks will be carried out on request – urgent upgrades /patches will be carried out automatically.

Monitoring levels will vary according to the scale of a project – Xtreme Hosters reserves the right to increase / decrease management costs in order to provide a bespoke support offering.

 
Storage and Security

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Xtreme Hosters servers; and (iv) ensure the confidentiality of Your password. Xtreme Hosters services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and Xtreme Hosters shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Xtreme Hosters are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Xtreme Hosters shall have no liability to You or any other person for Your use of Xtreme Hosters products and/or services in violation of these terms.

 

Transfer of Content

Xtreme Hosters provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. Xtreme Hosters does not take responsibility for any faults in such software functioning.

You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Xtreme Hosters. Your use of any third party software is at Your own risk. Xtreme Hosters cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Xtreme Hosters will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup unless otherwise agreed in writing.

 

Third Party Software

Xtreme Hosters provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. Xtreme Hosters does not take responsibility for any faults in such software functioning.

You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Xtreme Hosters. Your use of any third party software is at Your own risk. Xtreme Hosters cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Xtreme Hosters will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

 

Reservation of Rights

Xtreme Hosters explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Xtreme Hosters; (ii) establish limits and guidelines concerning the use of Xtreme Hosters services and/or products; (iii) terminate Your use of Xtreme Hosters services and/or products for use of Xtreme Hosters services and/or products to unnecessarily or illegally harass Xtreme Hosters or third parties, non-payment of fees for Xtreme Hosters services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Xtreme Hosters, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Xtreme Hosters determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of Xtreme Hosters services and/or products if Your use of Xtreme Hosters services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against Xtreme Hosters or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of Xtreme Hosters services and/or products at any time and for any reason if deemed reasonably necessary by Xtreme Hosters. Xtreme Hosters has no obligation to monitor Your use of Xtreme Hosters services and/or products, but reserves the right in its sole discretion to do so.

Right of Refusal. Xtreme Hosters has the right to refuse services to anyone at Our discretion.

 

Limitation of Liability; Waiver and Release

The services offered by Xtreme Hosters are being provided on an “AS IS” and Xtreme Hosters expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Xtreme Hosters expressly does not warrant that Xtreme Hosters services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Xtreme Hosters shall create any warranty not expressly made herein. You agree that Xtreme Hosters will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Xtreme Hosters; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.

Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. Xtreme Hosters has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that Xtreme Hosters has no obligation to back-up any data related to your website.

 
Legal Age

You attest that you are of legal age (18 or over) to enter into this Agreement. We reserve the right to terminate an agreement with anyone under the age of 18 years.