Terms & Conditions of Service
Xposure Interactive (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Xposure Interactive Services constitutes acceptance and agreement to Xposure Interactive ‘s TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Xposure Interactive. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions (and the provisions of any policies applicable to the Service(s)) or vary the Service(s). You should check these terms on Xposure Interactive’s website periodically for changes. Your continued use of Xposure Interactive’s Service(s) following any changes to these terms and conditions and/or the Service(s) will mean you accept those changes. If you do not agree to any such modified terms, you will be entitled to cancel our contract via the standard communication methods.
This Agreement shall be construed in all respects in accordance with the laws of the United Kingdom.
Disclosure to Law Enforcement: Our Terms Of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company 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 Xposure Interactive shall have the right to terminate all service set forth in this Agreement.
Subscription Services, Maintenance Agreements & Service Fees:
PAYMENT OF FEES
All charges payable by you to Xposure Interactive for these Services shall be in accordance with the relevant scale of charges and rates published from time to time by us.
Maintenance/Service Agreements will be reviewed occasionaly, and may be increased by the rate of inflation or 10%, as Xposure Interactive feels appropriate. Any increase in the fees for subscription services will be notified 1 month prior to their introduction.
NON – PAYMENT OF FEES
The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.
Subscription Services may be terminated by giving one (1) months prior written notice before the renewal date of that service. We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due or If you breach any of these terms and conditions and you fail to correct the breach within thirty (30) days following written notice from us specifying the breach, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payments and Fees:
Service will be interrupted on accounts that reach 2 days past due. Service interrupted for non-payment is subject to a £10 reconnect charge. Accounts not paid by due date are subject to a £5 late fee. Accounts that are not collectable by Xposure Interactive may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than £25 nor more than £200. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Refund and Disputes:
Certain payments to Xposure Interactive are non-refundable. This can include one time setup fees and subsequent charges regardless of usage and PayPal payments. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge(chargeback) to your credit card issuer that, in Xposure Interactive’s sole discretion is a valid charge under the provisions of the TOS and, you agree to pay Xposure Interactive an “Administrative Fee” of not less than £25 and not more than £200.
Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Requests for cancelling accounts may be made via our website support desk with at least 30 days notice but not more than 60 days prior written notice. You must have all account information to cancel.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable in any way for any damages arising from such causes. In no event shall the company be liable for any special or consequential damages, loss or injury.
New Domain Accounts:
All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 48 hours. Due to unforeseen complications, however, this process may sometimes require up to 4 business days. Should you wish to take advantage of a free domain offer (when available) you will be required to keep the account for a minimum of 6 months. If you decide to cancel the account within the first 6 months, a fee of £20 is payable.
Transfer of Domains:
New web hosting accounts which involve the transfer of a domain from another provider to Xposure Interactive will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) 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 transfer of the domain is done by Xposure Interactive on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned. Any domain transferred from an account that has no active hosting plan, will incur a £5 per domain transfer fee.
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.
The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name.
We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
Xposure Interactive, provides technical support to our subscribers this is not provided on a 24 hour,7 day a week basis, and may not be available during our holidays and short company meetings, also when we closed. We limit our technical support to our area of expertise. The following is our guidelines when providing support:
Xposure Interactive provides support related to our services. Xposure Interactive does not offer tech support for application specific issues such as cgi programming, MS Outlook, Outlook Express, any other external email application html or any other such issue.
Xposure Interactive does not provide technical support for YOUR customers. All support issues should be raised through our support desk which can be found at https://www.xposureinteractive.co.uk – The Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting technical support
SPAM and Unsolicited Commercial Email (UCE): Xposure Interactive takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Xposure Interactive may not use or permit others to use our network to transact in UCE. Customers of Xposure Interactive may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Xposure Interactive ‘s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Xposure Interactive will initiate an immediate investigation (within 48 hours of notification). During the investigation, Xposure Interactive may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Xposure Interactive may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Xposure Interactive reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Xposure Interactive will notify law enforcement officials if the violation is believed to be a criminal offence.
First violations of this policy will result in an “Administrative Fee” of £250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of £500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed £200 per hour that Xposure Interactive personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their staff, clients or anyone else over the Xposure Interactive network, it is advisable that Customers develop a similar, or stricter, policy for their clients, staff or anyone else.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account/service immediately removed from our network. The account/service will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to your account/service to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). Xposure Interactive will monitor Customer’s bandwidth and disk usage. Xposure Interactive shall have 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 in Xposure Interactive’s sole and absolute discretion. If Xposure Interactive takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Xposure Interactive may, at its sole discretion, collect a deposit, in an amount determined by Xposure Interactive, against customer’s credit card on file with Xposure Interactive.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the Xposure Interactive Network. Violations of system or network security may result in civil or criminal liability. Xposure Interactive will investigate occurrences, which may involve such violations and may involve, and co-operate 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 authorised to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
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.
Notification of Violation:
Xposure Interactive is under no duty to look at each customer’s or user’s activities to determine if a violation of the Terms of Service has occurred, nor do we assume any responsibility through our Terms of Service to monitor or police Internet-related activities.
Any User, which Xposure Interactive determines to have violated any element of this Terms of Service, shall receive an email, warning them of the violation. The service may be subject at Xposure Interactive’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
Users that Xposure Interactive determines to have committed a second violation of any element of this Terms of Service shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation: Xposure Interactive reserves the right to suspend network access to any customer if in the judgement of the Xposure Interactive network administrators the customer’s server is the source or target of the violation of any of the Terms of Service or for any other reason which Xposure Interactive chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
Xposure Interactive wishes to emphasise that in agreeing to the Xposure Interactive Terms of Service (TOS), customer indemnifies Xposure Interactive for any violation of the Terms of Service (TOS) that results in loss to Xposure Interactive or the bringing of any claim against Xposure Interactive by any third-party. This means that if Xposure Interactive is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Xposure Interactive, plus all costs and attorney’s fees.
You must provide us with, and keep current, good contact information for you. E-mail, postal address and telephone contacts are used.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
Xposure Interactive takes no responsibility for any material input by others and not posted to the Xposure Interactive Network by Xposure Interactive. Xposure Interactive is not responsible for the content of any other websites linked to the Xposure Interactive Network; links are provided as Internet navigation tools only. Xposure Interactive disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
Xposure Interactive is not responsible for any damages your business may suffer. Xposure Interactive does not make implied or written warranties for any of our services. Xposure Interactive denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Xposure Interactive.
It is absolutely forbidden to host anonymous proxies/remailers or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content: You, as Xposure Interactive ‘s customer, are solely responsible for the content stored on and served by your Xposure Interactive server.