Terms Of Service

This page was last updated on 16th June 2008.

This service agreement is made between the service provider and the subscriber. The service provider's company details are listed below.

Company Details

Name: GHXhosting.com Ltd (trading as GHXhosting.com)

Registered in England, Company No. 6598350

Registered Office:
GHXhosting.com Ltd
31 Bowbridge Lane
Stroud
Gloucestershire
GL5 2JP
United Kingdom

Throughout this document, the name "GHXhosting.com" and the terms "the company" and "the service provider" will be taken to mean GHXhosting.com Ltd. The terms "the subscriber" and "the customer" will be taken to mean the person or organisation who has purchased the service.

All Payments To GHXhosting.com Are Non-Refundable

GHXhosting.com agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of GHXhosting.com's service constitutes acceptance and agreement to GHXhosting.com's AUP as well as GHXhosting.com's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of GHXhosting.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of GHXhosting.com. Subscriber understands that change to the AUP by GHXhosting.com shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of England applicable to contracts enforceable in that country. You submit to the exclusive jurisdiction of the English Courts.

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that GHXhosting.com may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition GHXhosting.com shall have the right to terminate all service set forth in this Agreement.

2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that GHXhosting.com may prospectively change the specified rates and charges from time to time. Any promotional offer is contingent upon GHXhosting.com achieving and maintaining its cost of service goals including but not limited to rates charged to GHXhosting.com by its suppliers.

3. Payment: Payments are due on the anniversary date of the month/year for that month/year's service. Upon failure to meet payment deadline, GHXhosting.com reserves the right to terminate all services on the user's account, or may turn the account over to an outside collection agency for collection where you agree to pay an outside fee to retrieve your account.

All invoices which remain unpaid 14 days after the due date will be subject to the account being suspended. At least two notices will be sent by e-mail to inform you and give you reasonable time to make payment before we resort to suspending any accounts. We accept no liability for any business lost due to account suspension, whether due to non-payment or any other reason.

4. Refund and Disputes: All payments to GHXhosting.com are non-refundable. If you dispute a charge to your credit card issuer that, in GHXhosting.com's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay GHXhosting.com an "Administrative Fee" of not less than £30 and not more than £50.

5. Account Cancellation: All requests for canceling accounts must be submitted on or before the date you wish your account to be cancelled. Cancellation requests for dedicated servers and VPS must be submitted at least 1 week before they are due for renewal.

All cancellation requests must be submitted either by e-mail to , by ticket on our HelpDesk, by fax on 0871 900 1394, or by registered post to our address listed above. All cancellation requests will be acknowledged by GHXhosting.com, by way of e-mail sent to the address listed on your account. We are unable to accept cancellation requests sent by any other method. Phone calls, messages left on voicemail or e-mails sent to any other address WILL NOT BE ACCEPTED as cancellation requests.

Any one who cancels their payment subscription prior to expiration date will loose their hosting account. That means, if you cancel your subscription on your own and still have time left on your account, you will forfeit the remaining time left and lose your account. We rely on the subscriptions to auto bill each payment when due automatically or close the account, so if you close your own subscription, there are no exceptions to this rule.

We reserve the right to cancel anyone's account for any reason and do not need to notify the user. This includes but is not limited to verbal and/or written abuse towards staff or anything else we deem offensive.

6. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of GHXhosting.com and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that GHXhosting.com shall not be liable for any damages arising from such causes beyond the direct and exclusive control of GHXhosting.com. Subscriber further acknowledges that GHXhosting.com's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

7. Transfer/Register of Domains: All new web hosting accounts involving new domains/transfers will be set up and entered into our DNS servers within 3 to 5 business days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the new domain is registered by the account holder, there will be no handling fee. However, you may have GHXhosting.com register a domain name for you, registered under GHXhosting.com for a fee of £10 per year. If the customer cancels service during the domain subscription period for any reason, all charges are considered earned. The domain registration fee of £10 is subject to change.

8. Support Boundaries: GHXhosting.com provides free technical support to our subscribers. The following is our guidelines when providing support: GHXhosting.com provides support related to your accounts physical functioning. GHXhosting.com does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue. We encourage you to use the HelpDesk. If you are able to get online and have other questions, the answers may be on our forums page at http://forum.ghxhosting.com - we encourage you to check there first.

9. SPAM and Unsolicited Commercial Email (UCE): GHXhosting.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Accounts caught sending unsolicited, as defined by GHXhosting.com*, email/usenet postings, either through our servers or to promote a web site on our servers or to promote an affiliate link or similar, will be terminated immediately, will not qualify for a refund and will be charged £50 per complaint filed.

*Unsolicited is defined, by GHXhosting.com as: E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers.

10. System and Network Security: Users are prohibited from violating or attempting to violate the security of the GHXhosting.com Network. Violations of system or network security may result in civil or criminal liability. GHXhosting.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

- Taking any action in order to obtain services to which such User is not entitled.

11. Notification of Violation:

a. GHXhosting.com is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

b. First violation: Any User, which GHXhosting.com determines to have violated any element of this Acceptable Use Policy, shall be sent an email, warning them of the violation. The service may be subject at GHXhosting.com's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

c. Second Violation: Users that GHXhosting.com determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

12. Suspension of Service or Cancellation: GHXhosting.com reserves the right to amend its policies at any time. All sites on GHXhosting.com must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

13. Responsibility for Content: You, as GHXhosting.com's customer, are solely responsible for the content stored on your account and served by the GHXhosting.com server you are placed on.

14. Dedicated Servers & VPS: The following extra terms apply to dedicated servers and virtual private servers (VPS):
- The use of P2P software such as Kazza or Edonkey is banned due to the high bandwith and resource usage caused by these programs.
- No free hosts are allowed due to the high risk of abuse by end users.
- In the event of a TOS or AUP violation in relation to spamming/hacking caused by yourself or one of your customers, we may be forced to impose a fine of a minimum of £150.
- Customers must provide GHXhosting.com with full root access to their server, including SSH login information that will allow us to gain root access, and any control panel administrative access login information, when requested.