This agreement does not affect your statutory rights

Xenworks Ltd provides web hosting, email, and domain name registration services. Xenworks Ltd reserves the right to suspend or cancel a customer's access to any or all services provided by us at any time if we deem deem the account has been inappropriately used, or is in breach of the conditions set out herein.

"We", "Us", "Provider", "Company", or "Xenworks" refers to Xenworks Ltd.

"You", "Your", "Client", or "Customer" refers to any person or organization who applies for, or is working on behalf of any person or organization who applies for internet services with Xenworks Ltd.

Xenworks Ltd reserves the right to refuse service and/or access to its hosting accounts to anyone. Xenworks Ltd does not allow content of the following types to be stored on its servers:

• Adult Material: This includes any form of pornography, erotic images, or otherwise lewd or obscene content. The definition of "adult material" is left entirely to the discretion of Xenworks Ltd.
• Illegal Material: This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulations or material that is perceived to be misleading.
• Warez: This encompasses pirated software, illegal ROMS or emulators, and software to aid or enable any form of hacking, phreaking, password cracking, whether in encrypted form or otherwise. This also includes any content which providing links to or "how to" information about such material.
• IRC Servers: Xenworks Ltd do not allow hosting of IRC servers that are part of or connected to another IRC network / server or have a connection to an IRC network on our hosting accounts. Hosting accounts found to be connecting to or part of these networks will be removed without notice.

It is expressly forbidden to host pornographic content on hosting accounts provided by Xenworks Ltd. Accounts discovered to be hosting such material will be subject to immediate cancellation without refund.

Xenworks Ltd offers its customers high rates of monthly data transfer. In rare cases, the company may find a customer to be surpassing their limit and using server resources to an extent that they may jeopardise server performance and resources for other customers. In such cases, Xenworks reserves the right to impose the High Resource Usage Policy (outlined in the paragraph below) in the interest of providing a fast and reliable service to all of its customers.

"Resources" are defined as server bandwidth, memory and/or processor utilisation.

Xenworks Ltd may implement the following policy at its sole discretion:

When a hosting account is found to be exceeding its data transfer limit per month and/or monopolizing the server's available resources, the account holder will be contacted in order to discuss the situation. If no arrangement can be reached or the account holder cannot be contacted within 12 hours, Xenworks reserves the right to terminate the account giving one week's notice. If the account in question is severely affecting the performance of the server, Xenworks reserves the right to act immediately in order to resume the normal operation of the server. The High Resource Usage policy also refers to other aspects of the hosting account, including mail and FTP.

Clients must not:

• Use 25% or more of the total system resources for longer than 90 seconds. There are numerous activities that could cause such problems, including intensive CGI or PHP scripts
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any type of web spider or indexer, including Google Cash / AdSpy.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our hosting.
• Participate in any file-sharing/peer-to-peer activities.
• Run cron jobs with intervals of less than 15 minutes.

The customer agrees that bandwidth and/or disk usage will not exceed the number of megabytes per month for the supplied hosting package (the "Agreed Usage"). Xenworks Ltd monitor the bandwidth and disk usage of all accounts and reserves the right to take corrective action if customer's bandwidth or disk usage exceeds the Agreed Usage.

Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this agreement. Which actions may be taken is at Xenworks Ltd's sole and absolute discretion. If Xenworks takes any corrective action under this section, the customer shall not be entitled to a refund of any fees paid in advance prior to such action.

Xenworks Ltd takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over its network. Simply put, this means that customers of Xenworks may not use or permit others to use our network to engage in the sending of UCE. Customers of Xenworks may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy will be treated as a fundamental breach of these terms and conditions and if substantiated by us, at our discretion will lead to account termination.

Upon receipt by us of notification from any source of an alleged violation of our SPAM policy, Xenworks Ltd will initiate an immediate investigation (within 48 hours of notification). During the investigation, Xenworks may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Xenworks may, at its sole discretion, restrict, suspend or terminate the customer's account. Furthermore, Xenworks reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Xenworks Ltd will notify law enforcement officials if the violation is believed to be a criminal offence.

If the investigation confirms that our SPAM policy has been violated, we will invoice you for an administrative fee of £150 to cover the costs of the investigation and your account will be reviewed for possible immediate termination. If we agree to maintain your account and any subsequent investigation following any further notification of an alleged a second violation is confirmed, we will invoice you for a further administrative fee of £300 and immediately terminate your account. Please, do not spam from your account.

As our customers are ultimately responsible for the actions of their clients over the network, it is advised that customers develop a similar, or stricter, policy for their clients.

Use of Xenworks Ltd's 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. This will constitute a breach of our Terms and Conditions, and will result in your account being suspended or removed.

All accounts are set up on a prepay basis. All pricing is guaranteed for the term of prepayment. By accepting this agreement, you grant Xenworks Ltd the right to debit the credit card or account you have provided, until such time as the service is cancelled by you through the invoices page or is cancelled by Xenworks Ltd according to terms of this agreement. Xenworks reserves the right to change prices at any time. Payment is due each anniversary month, year or period following the date the account was established (depending on the type of account opened). If for any reason the payment does not arrive in time, the account is subject to suspension/deletion.

The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Xenworks Ltd requests termination of services. All payment is in the currency chosen at the time of order. The customer is also liable for the NIC fees on domains and will be invoiced accordingly (see further conditions relating to domains). You agree to update your credit card details provided to us in a timely manner and to ensure that your credit card has sufficient credit to allow your payment to be processed. If we are unable to successfully charge to your credit or debit card any amount properly payable by you within 28 days of the due date of such amount, Xenworks may engage a debt recovery agent to recover such unpaid amounts, including any costs and expenses incurred as a result of taking such action.

You agree not to hold us responsible for banking charges incurred due to payments failing on your account.

Xenworks is entitled to vary the charges from time to time with effect from the date specified in an amendment notice which will be issued no later than 4 weeks prior to the date that any variation of the charges shall come into force.

Xenworks Ltd does not accept responsibility nor does it make any warranty that the domain names(s) requested by the customer will be accepted for registration or renewal in the register of the naming organisation nor will it be liable for any costs of the customer incurred if the application for registration is unsuccessful. The customer should take steps to ensure that their domain has been registered or renewed. Xenworks does not accept responsibility for any liability to third parties for breach of their intellectual property rights in relation to the domain name(s) requested by the customer.

New domain names are registered by Xenworks in customers' names and renewal of these domains remains the responsibility of the customer. Customers should take care to note the renewal date of their domain name and ensure action is taken to pay for any renewal costs before the domain registration period terminates. Xenworks Ltd accepts no responsibility for the renewal of domain names and subsequent loss of business nor related liability resulting in a domain name not being renewed. A successful transaction does not represent confirmation that the respective domain has been acquired or renewed by the customer. It is the customer's responsibility to periodically check, ie: at least monthly, to ensure that domain name(s) is/are active, and have not inadvertently expired.

We do not alter the name servers (DNS entries) to point to another host or IP address.

Xenworks Ltd will charge a sum of £10 per domain, to release the domain(s) to another registrar.

All payments made to Xenworks Ltd are confirmed by email. Users accept that Xenworks will notify them of payment and issue an email if payment has failed. Invoices are also dispatched by email. In order to keep users notified of impending service alterations important to the running of their account, we will occasionally communicate in this manner, and the customer accepts this is normal policy.

Xenworks reserves the right to cancel service at any time. Customers can cancel service any time, but must complete the cancellation procedure, before the next billing period is due giving at least seven (7) days notice. All cancellations must be registered via the invoice page at http://www.xenworks.co.uk/services/clientarea/invoices/ Phone or email requests will not constitute acceptance of any cancellation. Cancellations will be processed by our staff once a day, and the account will then be removed from the server. For information on refunds please see the section on refunds.

The customer will be responsible for renewing the registration of his/her domain name(s) and finding a new host for the respective domain name(s).

If an account is cancelled by us for non-payment, then a fee of £10 will apply per domain name to release this to your new registrar.

Your account will be automatically renewed on the anniversary date of your account under the same fee structure, unless you give prior notice to Xenworks seven (7) days before the renewal date that you do not wish to renew the account in question. Please see the cancellation section for information on cancelling your account.

The customer agrees they shall defend, indemnify, save and hold Xenworks Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Xenworks, 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 Xenworks against liabilities arising out of:

• Any injury to person or property caused by any products sold or otherwise distributed in connection with Xenworks servers.
• Any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party.
• Copyright infringement.
• Any defective products sold to customer from Xenworks servers.
• Any statements made within information or pictures held on our servers that may be seen as unsuitable, defamatory, misleading or libelous in any way.

Refunds will only be issued when the service is cancelled by Xenworks. The customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of £100 and will be subject to collection by an authorised collection agency.

Xenworks will make every reasonable effort to protect and backup data for the customer on a regular basis, however the company does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the client is responsible for making back-up files in connection with its use of Xenworks services. There is a one time fee of £75 for our administrator to retrieve clients back-up files. The customer is solely responsible for independent backup of data stored on Xenworks servers and networks.

Xenworks aims to provide its customers with a high level of service. However, if for any reason you are not satisfied with the service that you have received from us, please contact and we will investigate and respond to your complaint. We will aim to respond to you within 7 days.

You agree that Xenworks will not be responsible for any losses that may incur where services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Xenworks at the time) which may exist in the services or in Xenworks equipment used to provide the services.

Under no circumstances will Xenworks be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. Xenworks will not be liable to the customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Xenworks records, programs, equipment or services.

Notwithstanding anything to the contrary in this agreement, the company's maximum liability under this agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual sterling amount paid by customer for the services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this agreement. The terms of this section will survive any termination of this agreement.

Xenworks Ltd will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the services.

Although Xenworks maintains strict confidentiality of customer information, there are certain exceptions in which the company may disclose information in its possession, including but not limited to information about the customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. Xenworks has no obligation to notify the customer about whom the information is sought or that Xenworks has provided the information. The customer acknowledges the above exceptions and agrees to them without reservation.

This agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this agreement will remain in full force and effect.

The customer hereby represents that he, she or it, is either an individual entering this agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of customer is duly authorized to accept, execute and deliver this agreement on behalf of customer.

This agreement shall be construed and governed in all respects in accordance with the Law of England and Wales and the English Courts shall have exclusive jurisdiction in respect of any disputes arising hereunder.

Xenworks Ltd reserves the right to revise its policies at any time.