TERMS OF USE AGREEMENT

Welcome to CX1::Web. By using our Services, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use our services.

Summary

We appreciate that few people enjoy wading through long legal documents, so the following section summarises the main points of the full Terms of Use as a guide. If there is a discrepancy between this summary and the remainder of this document, the detailed terms shall be considered in effect.

  1. We do not allow sites containing or promoting Pornography, Warez, Gambling, illegal media files or IRC Bots.
  2. You may not store more data in your account than your alotted server space.
  3. Your server space and ftp account is for your personal/business use only. You must not divulge the password to any other person (except employees where the account is for a company), and you should take reasonable precautions to ensure that it is not discovered by other people.
  4. Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your web space.
  5. You may not run server processes (eg. talkers/IRC Bots) from your web space.
  6. We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
  7. When your account is closed, all files (including web pages, etc.) will be deleted.
  8. We reserve the right to cancel your account at any time without notice.
  9. We reserve the right to amend and update these Terms and Conditions at any time without notice.
  10. To protect your privacy we never distribute your name, account details or e-mail address to any third parties.
  11. Users must not participate in any form of un-solicited bulk e-mailing or spam.
  12. By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions.

Definitions

In this Agreement the following words and expressions shall have the following meanings:

  • "CX1::Web", "we", "us" or "our" refer to Cygnus-X1 Consulting Ltd;
  • "the Customer" "you", and "your" refer to the individual or legal entity using our Services;
  • "downtime" means any service interruption in the availability to visitors of the Website;
  • "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
  • "IP address" stands for internet protocol address which is the numeric address for the server;
  • "ISP" stands for internet service provider;
  • "server" means the computer server equipment operated by CX1::Web in connection with the provision of the Services;
  • "the Services" means web hosting, domain name registration, email and any other services or facilities provided by CX1::Web.
  • "spam" means sending unsolicited and/or bulk emails;
  • "virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";
  • "warez" denotes cracked or pirate versions of commercial software. In other words, illegal pirated software;
  • "visitor" means a third party who has accessed the Website;

Acceptance of Agreement

By placing an order for Services (e.g. web hosting, domain registration/transfer) you agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our web hosting, domain registration and related services (the "Services").

Your order has not been accepted by CX1::Web until you have received your account details. This policy corresponds to all CX1::Web hosting packages and services.

This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or Services provided by or through cx1web.com, and the subject matter of this Agreement.

This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on cx1web.com, and you should review this Agreement prior to using cx1web.com.

Detailed Terms & Conditions

  Your Account

Your account consists of one or more hosting packages that provide disk space on one or more Linux servers allowing you to create and maintain a Website. You may use the Website for commercial purposes.

The servers your site is hosted on will remain the property of CX1::Web at all times. CX1::Web only provide 'shared hosting' and accordingly each CX1::Web server is shared between users.

The email address you provided during signup is your account email address and any notifications and alerts we send to you regarding the account will be to this address. It is your responsibility to check this address regularly for emails from CX1::Web.

Access to your account area is by username and password. You must not share these details with a third party. If the account is in the name of a legal entity such as a company or charity, you may share the information between individuals within that organisation. CX1::Web recommends that the number of individuals with full access be strictly controlled.

CX1::Web takes your security and privacy very seriously and will not provide your login details with anyone other than the individual named during signup or - if the account is for a legal entity - a Director/Partner of that organisation (once we are satisfied of their identity). CX1::Web will not pass your personal details to third parties other than where necessary to process your order except if required by law or if we have grounds to believe you are using our Services to conduct illegal activities. Click here for our Privacy Statement.

  Website Content

You must not use our Services to host Websites promoting alcohol, drugs, gambling, pornography or other sexually explicit material.

You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law. You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your web pages.

CX1::Web will not be held responsible for the content of pages hosted under our service. We do not review page content before it is posted and do not verify, endorse, or otherwise take responsibility for the content of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is violating our rules and guidelines. Users are solely responsible for all files contained in their own directory, and can be held legally liable for the contents of their Web site.

  Use of Server Space

You must not use our servers to store any of the following:

  • Pirated software
  • Hacker programs
  • Warez
  • Pornography or nudity of any kind
  • Materials infringing intellectual property rights
  • ROMs
  • Emulators
  • any links/affiliations to the above
  • phpNuke or variants

If any of the above is found on your site/directory then it will be deleted and you will be emailed with a warning. If a repeat offence is made, your account will be disabled with no refund given. However, if the initial breach of terms is strong enough your account will be immediately terminated. Deliberately changing the extension of a file to hide its contents will not work; it will be considered an illegal file and will result in the immediate termination of your account.

You may not store or publish any material that is grossly offensive to the general on-line community, including but not limited to, exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, invasion of privacy or excessive profanity. This includes material that defames, abuses, harasses or threatens any person or group. Files or directories or email user accounts may NOT contain profane or sexually suggestive names or expletives. We reserve the right to be the final judge as to what is or is not acceptable and to terminate your account if your use of it causes a detrimental effect on other Customers.

  Use of Email Services

The email system should not be used for mass transfer of data or for virus transfer. We have a no-tolerance approach to SPAM mail being used by any of our members. If you are found to be taking part in SPAM mailing then your account will be terminated, no compensation will be given and you may be charged up to £1000 for your illegal use of SPAM. To help combat SPAM we limit users to sending 100 outbound emails per hourly session.

Customers operating mailing lists are required to ensure that they include the ability for recipients to remove themselves from the list. This option must be available both on the Customer account and within the emails sent. Where we receive complaints of unsolicited emails or unactioned removal requests we may restrict or terminate your account.

  Use of Server Side Scripts

Please do not use the PHP, SSI and CGI services to gain illegal entry to our servers or to use them for intensive Server-side tasks (any scripts which require more than 8Mb of server memory and/or more than 30 seconds of server time to execute). Do not make excessive use of our autoresponders, subdomains and MySQL databases. Any over-use of these services may result in termination of your account.

Customers are solely responsible for ensuring that all scripts installed by them (including any available within your account panel) are patched and kept up to date.

  Domain Names

We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

Registration of domains signifies your acceptance of the additional terms and conditions as required by the relevant registration authority (e.g. Nominet for .uk domains).

If your account is disabled due to illegal use on your part your domain name will remain your property, however a £25 charge will be levied should you wish to move the domain to another provider.

  Diskspace and Bandwidth Quotas

The amount of server space and bandwidth allocated to your account when you purchased it will always be the minimum value, however we may occasionally increase this value, in which case your account will be upgraded to the new values and you will be contacted regarding this change. Should your account go over your alloted monthly bandwidth or space, you will be invoiced at the price of £2.50 per 1000mb bandwidth or space used, or part thereof.

  99% Uptime Guarantee

CX1::Web guarantees a 99% uptime, you may request a refund of the purchase price (refunded in pro-rata) if this guarantee is not met over the course of 1 (one) annum. Note that appropriate statistical data must be produced by the user indicating that our server's uptime was less than 99% over the period in order to claim compensation. Planned downtime (of which you will be given 48 hours notice minimum) and downtime for emergency repairs are not included in this uptime guarantee.

  30 Day Money Back Guarantee

We offer all Customers a 30 day cooling off period from your initial date of signup for a hosting package. No refunds are offered for any other services, domain names purchased or transferred and we reserve the right to charge an administration fee. Accounts, including all data, emails and files, terminated under this offer shall be removed from our server immediately.

  Billing

We operate a paperless billing system. An email will be sent to the address you provide us during sign up everytime an invoice is raised. Your account will be suspended if you fail to pay your invoices on time. If your account is suspended due to a billing issue, you will be charged an administration fee of £20.00 to have your account unsuspended. If you do not pay your invoice within 7 days of the due date we may terminate your account and any data stored will be lost.

  Cancellation & Refunds

If you take out one of yearly packages we expect you to commit for this period of time. Because of your commitment, we offer a discount on the normal monthly price of our accounts. If you cancel your account within your service period then CX1::Web will not make any refunds on any unused portions of your account. While we do not offer refunds for pro-rated service (beyond our 30 day money back guarantee) you have no obligation to continue using our service.

Our 30 day money back guarantee excludes the refund of domain name registration fees, secure server certificate purchases and the purchase of our virus-scanning or SMS services.

CX1::Web reserves the right to cancel the service at any time. Customer refund requests are to be sent to accounts@cx1web.co.uk and will only be processed in the cases of service non-performance where CX1::Web is clearly at fault. Refund requests for problems beyond CX1::Web's control will be refused.

  Indemnification

The Customer agrees that it shall defend, indemnify, save and hold CX1::Web harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitors fees asserted against CX1::Web, 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. Customer agrees to defend, indemnify and hold harmless CX1::Web against liabilities arising out of:

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with CX1::Web's server.
  2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
  3. copyright infringement.
  4. any defective products sold to customer from CX1::Web's server.

  Change of Terms

We reserve the right to make changes to these Terms. All users will be given notice of any changes and additions to this contract 1 month (30 days) before the change is made. Notification of changes will be by way of display on our website at http://www.cx1web.com/terms.html and will become effective 30 days after the date of first publication.

  Disclaimer

In no event will CX1::Web be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use the Service or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record. CX1::Web does not perform Customer backups and Customers are advised to conduct regular backups of their accounts.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to cx1web.com are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of cx1web.com is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through cx1web.com. The posting of information or materials on cx1web.com does not constitute a waiver of any right in such information and materials. Some of the content on cx1web.com is the copyrighted work of third parties.

Trade Marks

"CX1::Web" "cx1web.com" "cx1web.co.uk" and others are our trade marks or registered service marks or trademarks. Other product and company names mentioned on cx1web.com may be trademarks of their respective owners.

Applicable Law

All contracts and agreements entered into are governed by the law of England and Wales.