Terms And Conditions Of Service
Exahost provides an Internet domain name registration and hosting service.
Exahost reserves the right to suspend or cancel customer access to any or all services
provided by Exahost to that customer at any time and for any reason.
UNSOLICITED BULK EMAIL (SPAM)
Exahost operates a Zero Tolerance policy with regard to bulk emailing or unsolicited
email of any kind via, or in association with, domains or websites held on our servers.
This includes any volume, however large or small. This activity utilises resources and
annoys recipients.
Sending of Unsolicited Email will be considered server abuse and may result in disabling
of scripts, withdrawal of outgoing email facility or suspension of service, without prior
notice.
Examination of offending scripts and re-enabling of suspended service may attract further
charges.
In addition to the above, current UK law makes this illegal and you could be subject to
prosecution. In the event of prosecution, Exahost will co-operate with relevant UK law
enforement agencies and provide all relevant copies of emails and logs allowed under UK
Data Protection legislation.
SERVICE USE
Non Reseller Hosting accounts are to be used by the primary account owner only. Hosting
account holders are not permitted to resell, store or give away hosting related services
to other parties. Hosting related services are defined as allowing a seperate, third party
to host content on the owner's web site. Exceptions to this include ad banners, classified
ads and personal ads.
Exahost reserves the right to refuse to supply a service and / or access to its
servers to anyone.
Exahost does not allow any of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or
music files, and any material in violation of any UK, European or Local regulation.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene
content. The designation of "adult material" is left entirely to the discretion
of Exahost. Also includes any sites which provide "links to" information about such
material or advertising for such material.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password
cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any
sites which provide "links to" or "how to" information about such material.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth, disk space, memory and/or processor utilization.
Innapropriate usage is defined as any usage of a server that causes disruption to the serving
or stability of other Exahost customer websites situated on said server.
When a website found to be monopolising resources or using them inappropriately
(whether the customer is aware of the situation or not), the website will be stopped
from responding to web requests and that customer will have their server access
privileges disabled. The customer will then be informed of the situation via his/her
registered e-mail. If no arrangement can be reached, Exahost reserves the right
to terminate the account and delete the offending website.
EXCESS DATA TRANSFER AND WEB SPACE USAGE
All accounts are issued with associated Data Transfer and Web Space quotas.
It is the customers responsibility to ensure that they remain within the quotas on
their account.
Should Data Transfer or Web Space quotas be exceeded, our system generates automatic
email notifications to the customer and Exahost.
Customers have the opportunity to increase quota on accounts by advance purchasing
from the Exahost web site. In the event that advance purchase of additional Data Transfer
or Web Space has not taken place, customers will be charged, on the 25th day of each month,
for the Excess usage in the preceeding 30 days.
The ad-hoc rates for Excess Data Transfer and Web Space use are available
here.
PAYMENT POLICIES
All accounts are set up on a pre-pay basis. Although Exahost reserves the right to change
prices of accounts or services at any time, all pricing is guaranteed for the period of
prepayment.
Payment is due each anniversary year or month following the date the account was established.
Customers will automatically be charged again at the end of their prepay period unless
closure notification has already been given. If the account is paid annually the renewal
payments are requested 1 month in advance of the pre-pay expiration.
Exahost reserves the right to suspend services until any outstanding debt is cleared. The
customer is responsible for all money owed on the account from the time it was established
to the time that the customer sends a written cancellation request. Cancellation via the
customers account on Exahost web site are deemed to fulfill this requirement, but must be
in advance of expiration.
All reminders, invoices, statements and other accounting issues will be sent via email.
All payments are in UK Sterling.
LATE PAYMENTS
All payments should clear by the due date. Exahost reserves the right to levy a late payment
charge of £12.50 + vat on overdue accounts. Furthermore, interest may be levied at a rate of 2%
on payments overdue greater than 30 days.
SUSPENSION OF SERVICES
Suspension of accounts for late/non payment will occur within 48 hours of the respective Final Notice.
Suspension of accounts for abuse or breach of Terms of Service can occur immediately, at the discretion
of Exahost, without prior notice.
In the event that Exahost deems it neccessary to suspend services, for whatever reason,
Exahost reserves the right to make an administration charge of £12.50 + vat for reinstatement of
such services. Service will not be reinstated until payment of this fee is received.
ACCOUNT UPGRADES/DOWNGRADES
Customers may upgrade or downgrade their Hosting Package at any time.
Exahost will carry out a pro-rata calculation, based on equivalent rounded daily rates, of the
price difference between the old and new package. A £10 + vat administration fee will also be
applicable.
Upgrade charges, or downgrade refunds, will be issued based on this calculation.
CANCELLATION AND CUSTOMER REFUNDS
Exahost reserves the right to cancel the service at any time. In this event customers will be
entitled to a pro rata refund based upon the remaining period of pre-payment. If a customer
contravenes Exahosts Terms of Service a refund will not be issued in the event of a cancellation.
Customers may cancel their account at any time. Any incentives offered to customers when opening
the account will also be cancelled. Customers may be given the option to purchase services which
were offered as start-up incentives in the result of a cancellation.
Fees charged on a prepay basis are non-refundable. Customers are not entitled to receive a refund
unless the service is cancelled by Exahost. In addition some accounts incur set-up fees, these
charges are also non-refundable.
INDEMNIFICATION
Customers agree that they shall defend, indemnify, save and hold Exahost
harmless from any and all demands, liabilities, losses, costs and claims, including
reasonable legal fees asserted against Exahost, 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. The customer agrees to defend, indemnify and hold harmless Exahost against
liabilities arising out of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with Exahost servers; (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 a customer from Exahost servers.
DISCLAIMER
Exahost will not be responsible for any damages a customer business may suffer.
Exahost makes no warranties of any kind, expressed or implied for services we provide.
Exahost disclaims any warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, nondeliveries, wrong delivery,
and any and all service interruptions caused by Exahost and its employees.
Exahost reserves the right to revise its policies at any time.
