Xhost Terms and Conditions

Payment of your hosting or other charges and any subsequent billing acknowledges your acceptance of these terms. These terms are subject to change without prior notice. While we will deliver notice of changes or updates to these policies, it is your responsibility to periodically check this page for any updates or changes.

Xhost Terms of Service (Hosting)

To report violations of this T.O.S., please contact admin@xhost.com.au

    Warranty

  1. At Xhost we specifically exclude any warranty as to the accuracy or quality of information received by any person via the server(s) and in no event will we be liable for any loss or damage to any data stored on the server(s). You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the server(s). You warrant to us that you will only use your assigned web site for lawful purposes. In particular, you further warrant and undertake to us that:
    • You will not, nor will you authorise or permit any other person to use the server(s) in violation of any law or regulation;
    • You will not knowingly or recklessly post, link to or transmit any material:
      • that is unlawful, threatening, abusive, harmful, malicious, defamatory, or
      • containing a virus or other arbitary computer program;
      • that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction. This includes, but is not limited to, all sound and video files/formats, images, and text media. This also applies to linking directly to illegal files or other sites that offer any illegal material

    2. Availability of Service

  2. Xhost shall use reasonable endeavours to provide continuing availability of the server(s) and their services, although:
    • Xhost makes no guarantee of availability of services and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the hosting services.
    • Xhost will not be held liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Xhost service(s) or any content thereon.
  3. You will ensure that none of your end users make excessive or wasteful use of the server(s) to our detriment or that of other clients.

    4. Content

  4. Xhost holds the right to remove material(s) from the server(s) that are in violation of these terms and discontinue service to any person(s) in violation of these terms.
  5. You may not post, publish, illustrate or upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organisation.
  6. You are solely responsible for obtaining any and all necessary Intellectual Property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant financial institutions.
  7. You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misrouting or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), Xhost reserves the right to terminate services without prior notification and no refunds will be issued. To report this type of violation please forward the email(s) with full headers to abuse@xhost.com.au.
  8. Any transactions within your web site which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate.
  9. The information contained within your web site will comply with all applicable law, and codes of practice governing the use of web sites and related services, including and without limitation to those laws and/or codes of practice governing distance selling and data protection.
  10. Your site content (files) may not exceed the quota of your hosting plan. If you exceed your hosting quota, you will be notified and billed for one month of service, at the rate of $0.50 per megabyte over your quota. You will have until the last day of your billing cycle to reduce your usage OR upgrade to a hosting plan suitable to your needs. If you do not reduce your usage or upgrade your hosting plan, your services will be suspended and/or terminated on the last day of this cycle and Xhost maintains the right to offer no refund.

    11. Unauthorised Access

  11. You will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (an d web site) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.
  12. Whilst we shall use reasonable endeavours to ensure the integrity and security of the server(s), we do not guarantee that the server(s) will be free from unauthorised users or hackers.
  13. We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption or failure, and Xhost expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.

    14. Search Engine Optimisation (SEO)

  14. Whilst we will may try to improve the position of your web site in Search Engine results in response to a search request, we do not warrant that this effort is in any way guaranteed.
  15. We cannot be held responsible for any changes to the position of your web site in Search Engines results in response to a search request.

    16. Termination

  16. We may suspend or terminate this agreement immediately if you breach any of these Terms and Conditions, or if you are a company that goes into insolvent liquidation/administration, or if you are a person declared bankrupt.
  17. On termination of this agreement we shall be entitled immediately to block your web site and to remove all data located on it. We will hold such data for a period of 14 days and allow you to collect it, at your expense ($150/hr), failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your web site as we think fit.

    18. Cancellations

  18. If you wish to cancel your account with Xhost, you must do so by raising a Helpdesk ticket via Plesk, otherwise your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of such additional subscription period. Specifically, Xhost will not accept verbal instructions to terminate an account.
  19. On receipt of your ticket, Xhost will cancel your service at the first available opportunity.
  20. There are no refunds or credits, once an invoice is generated, unless an invoice for a service is generated after a cancellation requested is submitted.

Xhost Billing Policy

  1. All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published by us on our web site xhost.com.au and shall be due and payable within fourteen (14) days of receipt of our invoice therefore.
  2. Electronic invoices for web hosting are issued on the first day of the month preceding the service month.
  3. The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.
  4. If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This may include collection fees and interest on any overdue amount.
  5. Upon provision of a credit card account, you give us authorisation to automatically debit your credit card for all charges on issuance of a valid invoice.
  6. A $10.00 fee will be charged to reconnect suspended hosting services. Full payment of past due balance and reconnect fee are due before services are reconnected.
  7. Electronic invoices for design, web site maintenance and other non-hosting services are issued upon completion of the work or service, or at payment intervals agreed to in invidiual contracts.
  8. All invoices are sent via email unless otherwise previously agreed in writing. Repeat invoices, via email, are free of charge, although, if you nominate that the good(s) or service(s) you have purchased to be invoiced by mail, you will be charged a $1.50 account fee per invoice issued.
  9. If you exceed our fourteen (14) days credit terms, you will be charged a $5.00 late payment fee. A revised invoice will be sent to your nominated e-mail address.
  10. A total reconnection fee of $20.00 plus past due balance and late charges will be required to reconnect terminated services. Reconnection will be at the discretion of Xhost. We reserve the right to refuse service for non-payment.
  11. Payments made by cheque will not be credited to your account until the cheque has been confirmed cleared.
  12. Accounts 90 days or more past due will be turned over for collection.
  13. Xhost reserves the right to refuse web host transfer assistance if unpaid past due balance exceeds 30 days.
  14. Xhost reserves the right to discontinue all services to any account that has had three or more late payments in any 12-month period.
  15. Xhost reserves the right to refuse reconnection of previously terminated services or disconnection of accounts with an unpaid balances due or overdue.
  16. Refunds made on hosting pre-payments for reason of domain hosting transfer ONLY and will be pro-rated, based on a standard monthly charge, less a $25 service charge.
  17. Refunds will not be made in the case of website termination for violation(s) of services.
  18. No refunds will be made in amounts less than $25.00. Set up fees and domain registration or renewal fees are non-refundable.
  19. There is a $30.00 charge for returned/bounced cheques.
  20. Xhost reserves the right to change or amend these Terms of Service at any time and without prior notice. It is your responsibility to be familiar with these Terms in the event that they change at any future time.
  21. These terms and conditions constitute the entire agreement between Xhost and you, and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these Terms and Conditions. Except as provided above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of you (the client) and Xhost.
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