Terms of Service
Defintions
In this Agreement the following words and expressions shall have the following meanings:
"Our", "We", "Us", "Provider", "IoxHost", "the company" refer to IoxHost Limited
"Service/s" refer to the services or equipment provided by IoxHost
"Shared Services" refers to shared hosting and reseller hosting
"User/s", "Clients" "Customer/s", "Consumer/s", "You", "Your", refer to the person who has agreed to be bound by these Terms and Conditions of Service,
or in the case of a person under 18 years of age, his or her legal parent, or guardian
"Abuse Complaint" is a complaint, either by IoxHost or a third party, about the Client's use of the Services provided
"Client Area" is the online portal that the Client may access at http://ioxhost.co.uk/billing/
General Information
These terms and conditions of service constitute the agreement between the user, or customer, and IoxHost. These terms and conditions of service also constitute the agreement between the user, or customer, and IoxHost, where a user or customer is renewing an agreement.
IoxHost Communications and its users and customers shall be governed by the laws of England and any actions will be under the exclusive jurisdiction of the English courts.
Users and customers may also be subject to additional terms and conditions that may apply when using any third party services as part of the service offered by the company.
Any failure of the company to exercise or enforce any right or provision of the terms and conditions of service shall not constitute a waiver of such right or provision.
IoxHost reserves the right to alter, amend, improve or correct these terms and conditions at any time without notice. Any alteration or amendment will take effect with regard to the agreement made between an existing individual user, or customer, on the renewal date of that agreement.
IoxHost reserves the right to suspend the Services for any of the following reasons: (i) Notified Maintenance (ii) issue by any competent authority of an order which is binding on IoxHost and which affects the Services and which can only be dealt with properly by suspension of the Services (iii) if the Client fails to pay any amounts due under this Agreement when they are due (iv) if any events occur which would entitle IoxHost to terminate this Agreement; (v) the Bandwidth used by the Client in relation to the Services exceeds the agreed level.
All unlimited plans adhere to a FUP
Registration
Users shall provide full, complete, accurate and truthful information on registration.
It is the Client's responsibility to maintain and to enter a contact email address, postal address and telephone number for the Client on the Client Area, and to ensure such contact details are current and up to date at all times.
Customers under the age of 18 must obtain the express permission of their legal parent, or guardian after informing such person that they will be subject to these terms and conditions of service, prior to agreement.
It will be understood by the company that the parent, or guardian, of any customer under the age of 18 will be legally liable in any matters arising out of a user breach of any of these terms and conditions of service.
If we consider that any information supplied by the user is false, or misleading, where applicable, IoxHost reserves the right to terminate all services to the user without notice or refund.
We reserve the right to use your details to send promotional and service update emails.
Privacy Policy
Any personal information a customer gives us or we obtain by a customer's use of our Website is used exclusively by IoxHost to provide that customer with information about our current or future services and products and/or other services described in our Website.
We may retain customer contact data and order details after a customer ceases to use our services. If a user wishes us to delete their contact data after they cease to use our services they will need to request this by writing to us at the registered address of the company.
IoxHost reserves the right to pass on certain details to a 3rd party for our fraud protection. Personal data such card numbers or complete billing addresses will not be passed on.
Rental
The minimum period of service is one month for any of our services, unless otherwise agreed to in writing by and authorised official of IoxHost. If an order for a period of greater than one month is accepted, the minimum period of service is for that period of service ordered.
All payment for services becomes due on ordering, or on renewal date of an original order. If a user wishes to renew an order the minimum renewal period is the period of the original order. If payment for renewal is not received by the renewal date IoxHost reserves the right to discontinue the service without notice.
IoxHost reserves the right to refuse, or postpone, any order for any reason at its discretion.
Where a new order is placed and IoxHost is unable to complete the order the customer will be contacted by email and provided with the reason for any action taken. Postponement of a new order may happen due to technical difficulties resulting in insufficient space on suitable hardware.
Where an order is refused a full refund of any payment will be made to the customer within seven days of the order.
Where an order is postponed the customer will be entitled to a full refund. When contacted the customer may elect to receive a full refund within seven days, amend the order if practicable, or wait for the original order to be available. The decision of the customer, in this case, will be binding.
Cancellation
In all cases, work may start on the setup as soon as the order is processed. By agreeing to these terms and conditions of service and then placing an order the customer is agreeing to the service beginning before the end of the seven day cancellation notice period as defined in the The Consumer Protection (Distance Selling) Regulations 2000 and by placing an order the right to cancel will end.
There is no right of cancellation under The Consumer Protection (Distance Selling) Regulations 2000 for the renewal of services previously provided.
All cancellations that are allowable within the applicable terms of The Consumer Protection (Distance Selling) Regulations 2000 will be entitled to a full refund within seven days of cancellation.
Your statutory rights are not affected by the content of these terms and conditions of service.
Dedicated Servers are subject to a thirty day notice period from the time of submitting a cancellation request.
Refusal or Termination of Service
IoxHost reserves the right to refuse service to anyone for any reason not prohibited by law. We reserve the right to terminate service to any Client for any reason not prohibited by law.
Any deliberate attempt to cause damage to IoxHost or any other Internet servers may result in immediate account deactivation without prior notice. No refund will be offered in this case.
If an invoice is left unpaid for more than 30 days without no contact from yourself we may assume you no longer want to continue your service with us and we may cancel the service without prior notification.
Acceptable Use
The Client and their end users shall not, nor shall they permit, enable, or assist others, to use the Services for any breach of any applicable law or generally accepted transmission or application protocols applicable to the Internet or any part of it or to anything connected to it or to any user of it. Such prohibited use includes but is not limited to the following:
(a) Use of services to host, provide, distribute, or use the following material is strictly prohibited. Illegal material, including but not limited to; copyrighted works, un-licensed material and any material that contravenes any local, national, or international legislation applicable in the country of the company or user.
(b) Pornographic or adult erotic material of any nature, but not confined to images.
(c) "Warez", or other such similar content.
(d) Spam, unsolicited mail and the creation of any data designed to interfere with the operation of any internal or external system or service.
(e) Abusive, racist, homophobic, or discriminatory language, or content.
(f) Material designed for, or resulting in, any malicious or disruptive operation.
IoxHost reserves the right to suspend or terminate the services of any user who is in breach of any section of the acceptable use clauses. In such a case the user will have no right to any refund.
Payment
The Client shall pay the price for the Services as set out in the Schedule. An initial payment is required before any set-up work is carried out.
The price for the Service covers Bandwidth as stated in the Schedule. If the Client exceeds this limit then IoxHost reserves the right to make additional charges for usage above the limit at its then prevailing charge rate.
All prices quoted to the Client by IoxHost are exclusive of any value added tax (VAT) for which the Client may be additionally liable at the applicable rate.
IoxHost reserves the right to offer promotions on existing Services for new Customers, existing Services are not entitled to these promotions.
Indemnity and Limitation of Liability
You agree to indemnify and hold IoxHost and its affiliates, officers, agents and other partners, and employees, harmless from any claim or demand, including legal fees, made by any third party due to, or arising out of, content you submit, post or transmit through the service, your use of the service, your connection to the service, your violation of the terms and conditions of service, or your violation of any rights of another.
You agree that IoxHost shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from; the use or the inability to use the service, the cost of procurement of substitute goods or services, unauthorised access to or alteration of your transmissions or data, conduct of any third party on the service, any other matter relating to the service.
Shared Services
IoxHost strictly prohibits Clients offering free hosting Services on Shared Services and may lead to immediate suspension without notice.
Dedicated and Virtual Private Servers
It is The Client's responsibility to keep the server files up to date. The Client is liable for any legal contracts or end user license agreements as a result of any third party software installed by The Client.
In the event of a server crash, once notified by the Client, IoxHost will attempt to reboot the server as soon as possible but offer no timed guarantee. The Client may have access to an automatic reboot switch, in which case a reboot may be possible. IoxHost make no guarantee as to the functionality of the reboot switch, but will make all reasonable endeavours that the reboot switch is functioning properly.
No refunds are offered on any dedicated servers and cancellation within 3 months are subject to a £50 administration fee.
iPod Giveaway Promotion
IoxHost reserves the right to stop this promotion at anytime, IoxHost will give one months notice to when the promotion will be discontinued.
IoxHost will offer a selection of colours but cannot guarantee that you will receive your preffered colour.
IoxHost will notify you via email/phone if you have won, you must respond within 5 days to receive your gift.
Customers will receive one entry per £1 GBP spent, other currencies will be converted at the current exchange rate.
Disclaimer
You acknowledge and agree that your use of the service is at your sole risk, where the service is provided on an "as is" and "as available" basis.
You acknowledge and agree that you are solely responsible for all files, software and content within your account, service or server.
You acknowledge and agree that the company makes no warranty or representation that the service will meet your requirements or the service will be uninterrupted, timely, secure, or error free.
You acknowledge and agree that the company makes no warranty or representation that the quality of any products, services or information, or any other material purchased, or obtained by you through the service will meet your expectations. You acknowledge and agree that any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from you downloading or obtaining any such material.
You acknowledge and agree that no advice or information, whether oral or written, obtained by you from the company, its officers, agents, partners, or employees, or from the service shall create any warranty or other obligation not expressly stated in the terms and conditions of service.
IoxHost shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf.
Terms of Service Acceptance
When placing an order and being presented with the T&C of Service, by selecting 'I Agree to the Terms and Conditions' you are acknowledging that you have both read and agreed to all of the above, if you do not agree with the T&C of Service you must click 'back'.



