Terms & Conditions 1) System Backups & Account Backups. Backups are only offered on shared services, ie. Webhosting, you are highly advised to keep your own backup's as the service we provide should not be used as a total safety need. These backups are for our own use we allow you to restore data of these through our control panels as a extra. If you value your data you must backup yourself to another device as not doing so if anything goes wrong which sadly it does you will have no claim on xerohosting.co.uk or its staff. VPS / Dedicated Servers, you are advised to make your own backup arrangements we provide no backups at all for this unless a service was taken out with a paid managed service option which includes backup as agreed with you. However you should also take your own backups in case of a system failure. Shoutcast Accounts are not backed up at all you should also ensure that you do not store backups of all your mp3's on our services. 2) Uptime Guarantee Approval of any credit is at the discretion of xerohosting.co.uk dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact email@example.com with proper justification. All requests must be made in writing via email. VPS servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down, which is not related to our uptime guarantee. This is not provided where a customer fails to follow instructions or prevent abuse on our systems. We use technology's which prevent issues this is not fall proof customers bypassing our protection will be suspended and notifed of the abuse. Where a system fails we will endever to offer you an option of replacement within 24 hours if this offer is taken up promptly you will lower your downtime if the offer is not replyed to it will be deemed you have extended your own downtime and any credits to your account will not be applied in any case. 3) Resource Usage Limits VPS accounts may not: a) exceed a 15 minute load average greater than two (2) times the amount of CPU cores given. b) run public IRCd's or malicious bots. c) run any type of BitTorrent client or tracker that links to or downloads illegal content. d) use an Open/Public proxy, or utilize a proxy to access illegal/malicious content. e) use I/O intensive applications which adversely affect normal server operations. f) use for network scans in anyway. g) use the system that it will affect other users in anyway h) use for a criminal act Shared/Reseller accounts may not: a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. f) Participate in any file-sharing/peer-to-peer activities g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc h) Run cron entries with intervals of less than 15 minutes. i) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately. j) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php") k) To help reduce usage, do not force html to handle server-side code (like php and shtml). l) Torrents allowed only for personal use and only if download - ratio 1:0. Only download. Those who don't respect point 3) 'Resource Usage Limits' will have their account terminated with no refund. We use LVE to prevent abuse of loads/resources you can request a higher limit however you will be charged in proportion of what you require for your sites. This can be applied to a single account or multipul accounts. 4) Zero Tolerance Spam Policy We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated* with or without notice. No refunds. Users who spam will be suspended and we will seek resonable costs to cover our costs & time to put right the abuse. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. xerohosting.co.uk reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. xerohosting.co.uk reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of xerohosting.co.uk. On special occasions when client account was hacked (proof is needed) ( In most cases we will already have this information from our smart AI Systems, we can deploy another server for a fee of $5. Server will be deployed on a different location and closely monitored. 5) Bandwidth Usage You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. 6) Money back Guarantee a) We only refund the orders in the first 7 Days based on express request via ticket system https://xerohosting.co.uk/cms/submitticket.php?step=2&deptid=2, please make sure you respect this term, we also process refunds within 28 days. We don't refund abusers (spammers, hacker activites, etc) Nor VPS/Dedicated Servers or domain names due to the nature of the item. b) EBay Requests, you must submit a ticket through to our website within the term allowed on the item, the returns feature does not access our billing department system. All refunds will be processed within 28 days. Anyone not abiding by this condition will be reported and blocked. The Item terms are clearly defined in any listing and in most cases will respect the legal obligation you have as rights when being a buyer. c) All requests are subject to management approval the customer will not decide the outcome if the service has been access or used a charge will be made in cause per 7 day period example if you use 2 days you will be charged 7 days and so on. 7) IP Change /VPS Migration IP change/ VPS migration fee is £20.00 IP change/ VPS migration can occur anytime on urgent matter. 8) Reseller: Client Responsibility Resellers are responsible for supporting their clients. xerohosting.co.uk does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. xerohosting.co.uk will hold any reseller responsible for any of their clients actions that violate the law or the terms of service. A £15 administrative charge may be applied to unsuspend a Reseller account if there is abuse under account. Unless you have a managed service this must be submitted via support ticket via our website. We may verify your account at anytime if there is no managed service we will charge £10 managed service fee for services rendered per incident. 8) Indemnification Customer agrees that it shall defend, indemnify, save and hold xerohosting.co.uk harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against xerohosting.co.uk, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless xerohosting.co.uk against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with xerohosting.co.uk; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from xerohosting.co.uk's server. 9) Prohibition of Offensive Behavior Racist, intolerant, "hate", defamatory, "stalking", invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice. Subscribers may not make comments on online social networking, blogs, forums or any online media websites, that we deem to be inproper, unfair or discourteous to the effort made my xerohosting.co.uk's employees.Your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback. Where a cost is incured we reserve the right to pass the account and all fees on for legal representation at your expence. This includes messages sent via any medium to staff accounts on outside sources if personal or business related. 10) Disclaimer xerohosting.co.uk shall not be responsible for any damages your business may suffer. xerohosting.co.uk makes no warranties of any kind, expressed or implied for services we provide.xerohosting.co.uk disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by xerohosting.co.uk and its employees. All clients are provided with clean Windows OS/Linux, further security concerns (i.e. antivirus, antimalware, firewall, etc) are fully client responsability. 11) AUP You shall use xerohosting.co.uk's services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of The United Kingdom or the United States is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets or other statutes. You agree to indemnify and hold harmless xerohosting.co.uk from any claims resulting from the use of the service which damages you or any other party. xerohosting.co.uk reserves the right to terminate* Services for any customer or End User activity that exposes it to legal liability or endangers its ability to provide services to other customers. The contents, links, or actions on any Services listed below are a violation of this Agreement. This is not an exhaustive list, but is designed to assist you in evaluating whether xerohosting.co.uk is the appropriate service provider for you: Child Pornography/Adult Content - Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age or of any kind if legal or not is banned on our network except for dedicated/vps customers. CPU/Memory/Resource Abuse - Consuming Excessive Amount of Server Resources Causing Server Performance Issues DoS Source - Source of Denial of Service Attack DoS Target - Target of Denial of Service Attack SYN SCAN - tactic that a malicious hacker (or cracker) can use to determine the state of a communications port without establishing a full connection. Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header Fraud Site - Hosting or Linking to a Website Intended to Deceive the Public HYIP - Hosting or Linking to a High Yield Investment Program Website Identity Theft - Hosting, Distributing, or Linking to Stolen Account Identification Information Infection - Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms IRC - Hosting Internet Relay Chat Server not authorized by A Small Orange Mass Storage - Storing Mass Amounts of Backups, Archives, Videos, etc. Phishing - Identity Theft by Email Under False Pretense Proxy Site - Hosting of or linking to an Anonymous Proxy Server Spam Email - Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) Spam List - Hosting, Distributing, or Linking to Email Address Lists for Spam Spam Site - A Site Advertised by Spam Email or Spam Web Spam Ware - Hosting, Distributing, or Linking to Software Designed for Spamming Spam Web - Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guestbooks Spamhaus - Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity Terrorist Site - Hosting or Linking to a Site Advocating Terrorism Toolz - Hosting, Distributing, Linking to or Discussion of Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity Trademark - Hosting, Distributing, or Linking to Trademark Infringed Materials Any other material xerohosting.co.uk judges to be threatening or obscene and any that are reported as compromised Abuse related issues are dealt with in the manor of if it is crtitical you maybe allowed 1 hour to solve the problem or your system maybe locked in rescue mode for you to access your data in the terms of putting it right at no time will a live system be allowed to remain online while abuse is continuing. Abuse issues require prompt replys if your issue has been outstanding more than 60 minutes with out a reply from you or an update we can disable your service without notice to prevent further reports and listings of our ip space. We reserve the right to report abuse issues to law enforcement including details of the incident and the contact details of the person who holds the account and any other data that maybe relevant. We in turn monitor and provide an layer of protection against these issues, we use software technology & AI to assist in preventing these from happening. Repeated disrespectful attitude to any of our departments staff will result in immediate server termination and permanent ban from our services without a refund. 11) File hosting - P2P We don't allow you to host files that aren't related to websites such as films , PC backups or Game maps. 13) Changes to the TOS xerohosting.co.uk reserves the right to revise its policies at any time without notice. 13.1) Deposits All deposits are kept as credit on your account an can only be used for paying or ordering Xero Hosting services. No refunds are possible for such payments. 14) Refund Policy Our refund policy is covered by our money back protection policy. Customers outside the first 7 days are not entitled to a refund for used parts of the service, if the account has been active more than 32 days no refund will be given in any event. 14) Payments Our payment terms are in advance in all cases. Trasaction fees will be taken for server upgrade. When service is terminated/cancelled Paypal subscribers should manually cancel their subscription within their paypal account. We are not libel to refunds. Non Payment is not a form of cancellation please see the cancellation and non payment policy to which you have agreed to for more details. 14) Client proof of ID We may ask for proof of ID and purpose of usage for all clients that order more than one VPS. If the client account was termintated because he/she didn't respect TOS, account will be blocked until due date and he must provide us proof of personal ID from paypal account he used to pay us, only then he can order new product. 14a) You are required to provide actual information of your details we may ask you for proof to confirm this from time to time. 14b) If you are found using non real information we can suspended all active services instantly without compensation until such time information is confirmed to be correct in our system. 14c) Customers must submit by ticket any requests to information they make like to change we can ask for proof that the information is correct i.e. asking you for Photo ID. 14d) You agree to all these terms in access of our control panel. 16) Account Abuse/ Hijacking Due to late attacks in the web hosting industry resulting in accounts hijacking and server abuse, all clients that do not respond to our sales/technical department in 3 consecutive days their services will be locked out for 2 hours then terminated without refund. 17) IP Justification All users asking for extra IPs will fill IP justification spreedsheet. 18) SMTP ports SMTP ports are closed by default on all VPSs this way avoiding spamming. If you think you are goign to use the server for normal usages and emails please contact us to open the SMTP ports. 19) FraudRecord Any registered user present on FraudRecord.com database will have the account terminated with no refund. Any user sending SPAM will be reported to all fraud record database and have his account terminated with no refund. 20) Deployment. Server deploy will occur on the location selected by the client though if there is no stock the server will be deployed on the closest available location. Or on a machine in the same location of equal or better offering than ordered. Limited Special Offers are not the subject of current server upgrade 21) Service Upgrade/Downngrade a) The charge against the upgrade or downgrade will be applied to the customers account where offered. 22) Service Cancellation Active servers will only be canceled on request via our client area before the payment due date. PayPal automatic payment cancelation should be made by the client from their paypal account. 23) Limited Offers Limited Offers are the subject of BETA testing servers. By ordering BETA testing servers you will have the benefit of lower recurring lifetime price for powerful servers, the downside of it is that been a BETA server you are a BETA tester exposed to system crash, etc. We advice often backups for such offers. 24) Support Clauses We offer cpanel and plesk support to our customers only. If you are a reseller you can ask questions on your customers behalf in the event for support. VPS / Dedicated server support is limited as the service is unmanaged there are times when we will need to work with the data centre on an issue, most data centres are quiet good and will deal with issues promptly however there are times when issues may go on for longer depending on the issue. If this is the case you will be told this. No compensation or credits will be applied to your account. Shoutcast we offer support which is limited to the panel only we do not support players or applications that are used on the users pc. We will endever to support you the best to our abilitys if you open a ticket please be patiet and wait for us to update your ticket, bumping tickets and asking for updates will delay the issue your trying to get sorted as it will mean that we are looking at your ticket and replying rather than fixing the issue.