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Terms

This page was last updated on 13th November 2011.

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
1 Delmont Grove
Stroud
GL5 1UN
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

Please note that the service is provided immediately when your account is activated, therefore no cooling off period shall apply following purchase.

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, which should be at least 1 day day before your renewal date. Cancellation requests for VPS must be submitted at least 7 days before renewal and dedicated servers 30 days before renewal.

All cancellation requests must be submitted either by e-mail to billing@ghxhosting.com, 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.

 

Acceptable Use Policy

GHXhosting.com provides web hosting to many customers, and we have a responsibility to protect each customer and to provide the best services available. We believe these are fair and any normal site should have no problems following them. The following guidelines were established to ensure these obligations are met. We haven’t randomly thought of these rules, they are rules that have been put in place from experience as server administrators which we know make our servers perform better. If you have a question about them please contact us.

Content:

All services provided by GHXhosting.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any English or United States law (as applicable to the server location) is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless GHXhosting.com and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.

GHXhosting.com will be the sole arbiter as to what constitutes a violation of this provision.

All Accounts Must Obey The Following:

The Following Scripts Are Banned:
– CGI/Perl Based Forums
– YaBB CGI Version
– Ikonboard (CGI)
– UltimateBB (CGI)
– 4Images
– Topsites scripts that place an image on the sites of others
– ALL IRC-based scripts/programs
– Chat Scripts which use MySQL as a backbone
– Scripts VERY likely to eat up all of our CPU

The main reasons these scripts are banned is, for instance, we’ve had customers before running one YaBB forum and three runs of the script uses up 75% of the CPU (each instance uses 25%) and that means only 25% for every other site on the server to use, which is unacceptable. If you are using a script to such an extent that you are causing negative impact to everyone else on the server we can briefly suspend your account while we work with the site owner to sort out the problems (script changes etc) and we have the right to leave said account suspended in the event (after all forms of contact have been attempted) we cannot contact the owner of the account until the owner responds. We will always work with the site owner to locate the problem scripts and help to stop the problems happening again.

Backups:

The user agrees that they will keep backups of their sites on their computers, GHXhosting.com accepts no responsibility for loss of data. The end user is responsible for making sure they have up to date site files saved offline.

Commercial Advertising – Email:

Spamming, or the sending of unsolicited email, from a site or using an email address or domain that is maintained on a GHXhosting.com machine as a reference is STRICTLY prohibited. Accounts in violation of our spamming policy WILL BE DELETED WITHOUT NOTICE. GHXhosting.com will be the sole arbiter as to what constitutes a violation of this provision. All mailing lists should be double opt-in. This means when users on a customers’ site give said customer their e-mail address they user should also have to verify it through e-mail afterwards before any more mail is sent. This prevents us being listed in spam databases.

Chat Rooms:

We usually do not allow customers to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. CGI Chat rooms are absolutely prohibited in all situations. Should you require a chat room, it must be in the JAVA language, and it must be approved by GHXhosting.com. Java clients to connect to IRC rooms (eg. JIRC) are allowed, however PHP and CGI chat scripts are banned. Habbo style chatting scripts are also banned due to the intensity of them and the server resources they use.

Background Running Programs:

We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed. These processes can include cron jobs and will be setup as we receive a HelpDesk ticket to do so. No cron jobs will be setup that could affect any other site on the server.

IRC:

We do not allow IRC or IRC bots to be operated on our servers. These include Eggdrop bots and TCL scripts.

Server Abuse:

Any attempt to undermine or cause harm to a server, or customer, of GHXhosting.com is strictly prohibited. These attempts can include DOS attacks and/or hacking.

Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion. We don’t often do this, only in the event of an out of control script, failure to pay or GHXhosting.com not being able to contact the site owner.

Domain Names:

– You agree to the dispute resolution policy of the relevant domain registry (i.e. ICANN UDRP or Nominet DRS) if you register your domain through us.

Illegal use:

GHXhosting.com’s services may not be used for illegal purposes, or in support of illegal activities. GHXhosting.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors:

Use of the GHXhosting.com service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography or child abuse is strictly prohibited and any account found breaking this rule will be deleted immeadiately.

Pornography:

The hosting of pornography on GHXhosting.com servers is strictly prohibited. Any account found to be hosting pornography will be suspended and/or terminated as we see fit.

Threats:

Use of the GHXhosting.com service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment:

Use of the GHXhosting.com service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity:

Use of the GHXhosting.com service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters” or money laundering.

Forgery or Impersonation:

Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unauthorized access:

Use of the GHXhosting.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of GHXhosting.com’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending GHXhosting.com account is subject to immediate termination.

Copyright or trademark infringement:

Use of the GHXhosting.com service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of personal data:

Use of the GHXhosting.com service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network disruptions and unfriendly activity:

Use of the GHXhosting.com service for any activity which affects the ability of other people or systems to use GHXhosting.com services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. GHXhosting.com will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud:

Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right:

Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses:

Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

LIMITATION OF LIABILITY:

GHXhosting.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from GHXhosting.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, GHXhosting.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of GHXhosting.com’s servers. All damages shall be limited to the immediate termination of service.

Violations of these Acceptable Uses Policies should be referred to our abuse team

All complaints will be investigated promptly.

Failure to follow any term or condition will be grounds for immediate account deactivation.

DISCLAIMER:

GHXhosting.com cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by GHXhosting.com are resold. Thus, certain equipment, routing, software, and programming used by GHXhosting.com may not be directly owned or written by GHXhosting.com. Moreover, GHXhosting.com holds no responsibility for the use of our customers’ accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as GHXhosting.com sees fit.

ACCOUNT ACTIVATION:

By activating your account with GHXhosting.com, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information. Please close your account when your payment date is almost complete. All payments made to GHXhosting.com are non-refundable.

NOTICE:

If you sign up for an account and do not follow our terms, no refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.

Furthermore, GHXhosting.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

The agreement constitutes the entire agreement between the parties hereto. The terms and conditions of this agreement shall be interpreted and enforced pursuant to the laws of England.