Terms of Service & Acceptable Use Policy
This document describes the services offered by www.xensmart.co.uk, referred to as “supplier", associated charges, in addition to prohibited uses and procedures.
The Supplier
The supplier provides Virtual Private Servers (VPS) which are accessed via TCP/UDP.
All content on customer VPS remain the responsibility of the customer, and will be liable for any costs incurred from over-usage or misuse.
Should you exceed your allocated bandwidth limit, overage fees will apply. Overage is charged at £0.25 per GB. If the first incident of overuse does not exceed 150GB, the fees will be waived.
Should your account or server be the target of an attack, the supplier reserves the right to suspend and/or terminate your services at their discretion.
The supplier reserves the right to delete, without prior warning, any files which violate the below terms. The supplier also reserves the right to modify, suspend or terminate your service at their discretion.
Acceptable Use
You are not permitted to use your service, account or server provided by the supplier to:
- Send unsolicited or bulk email, otherwise known as "SPAM”. All mailing lists must be Opt-In with clear instructions should the subscriber wish to cancel.
- Access or attempt to access a system or network resource which you are not authorized to.
- Store, distribute or link to material which you do not have authorization to do so. This includes but is not limited to Copyrighted Multimedia, Pirated or "Nulled" Software and Scripts.
- Store, transmit or create pictures, videos or references of an Adult Nature where involved person(s) are under the age of 18 years.
- Participate, Commit or attempt to involve in a Denial of Service attack against any computer, network or individual.
- Distribute worms, Trojans or viruses.
- Access or host IRC Servers and/or Clients.
- Host or engage in Peer-to-Peer activities such as Bit torrent, including web based clients such as Torrent Flux.
- Be abusive towards the suppliers staff. Abuse towards the supplier’s staff, in the form of verbal abuse or anything the supplier deems offensive may result in service termination.
- Provide free hosting services, due to the abusive nature of end-users with such service.
- Proxies are allowed, however the supplier reserves the right to suspend and/or terminate should resources be abused.
Billing
Billing is provided by a secure online portal at https://xensmart.co.uk/clients
Secure online payments are accepted via PayPal or Google Checkout. For customers with larger services, BACS is also accepted.
Invoices are created 14 days before they are due with notification via email, providing adequate notice. If payment is not completed by the due date, service(s) will be automatically suspended by the system until payment is completed. Once the due date has passed, a 10% administration fee will be automatically added to the invoice.
Should payment not be completed within 10 days of the due date, with no attempt from the customer to contact the Billing Dept, services will be cancelled. All data on the involved services will be destroyed.
Cancellation
The supplier requires 24 hours notice on cancellations for all products and services, with the exception of Dedicated Servers which require 5 days. The time periods are prior to the date your invoice is due.
Cancellation must be submitted through the billing system. Customers can login and go to My Products/Services, select the relevant service and use the “Request Cancellation” option. Cancellations submitted via Email, MSN, Live Chat or any other mediums will not be accepted.
Money Back Guarantee & Refunds
A 10 day money back guarantee is provided with Shared, Reseller and Unmanaged VPS. The request must be made within the first 10 days of a service being ordered, by submitting a ticket to the Billing Dept. If products/services are cancelled by the supplier for breach of these terms, the money back policy does not apply.
The money back guarantee is the only exception where direct refunds will be provided. Should a customer cancel in the middle of a month, no refund is available to the remaining time. In addition, credits on customer accounts cannot be withdrawn. Credits can only be used against the supplier’s services.
CPU & Server Resource Utilization (Shared and Reseller Web Hosting)
The supplier reserves the right to suspend and/or refuse service to those who consume excessive CPU and/or Memory on Shared Servers. This applies to customers of Shared and Reseller accounts only. It also only comes into effect for those who are using such resources over extended periods.
Chargeback’s
Customers who choose to file a dispute against any payment made to the supplier will have their service immediately cancelled, without refund. Cancellations must be completed using the correct procedure as outlined above.
Backups
The integrity and availability of customer data always remains the sole responsibility of the account holder. Although servers have multiple hard disks placed in RAID arrays, and internal backups, the supplier takes no responsibility over lost and/or corrupt data.
If data integrity is important to you, contact us for an offsite backup solution.
