Terms of service
- By signing up for a X-Designs account you confirm that you are legally capable of entering into a binding contract and you accept and agree to be bound by these terms of service or you are acting with the express permission and using the payment details of a person or organisation who in turn is agreeing to be bound by these terms of service.
- X-Designs services are not available on a trial basis and it is your responsibility to ensure that they meet your technical requirements.
- You are entitled to cancel your account by giving us written notification no less than one working day before your next payment is due.
- X-Designs reserves the right to suspend and/or cancel your account if you breech these terms of service.
- Charges, which are due monthly in advance, are non-refundable.
- You will be charged for your first month when you sign up. Subsequent payments will be invoiced automatically on the same day of the month on which you sign up. This date will be confirmed on the payment screen during the sign up process.
- X-Designs reserves the right to change the price or the nature of the service by giving you written notification to the email address associated with your account. Any change in price or nature of service will become effective on your next billing date.
- All payments are inclusive of applicable taxes.
- You agree that you are authorised to make payment with the card that you use to sign up for an account and in the event that you are not the named card holder then you and the card holder acknowledge that you are jointly liable for the payment of services.
- You are responsible for all money owed on your account and you are responsible for any costs incurred by X-Designs in the collection of any outstanding debt.
- You are required to have a valid email address and credit/debit card associated with your account at all times. If you cancel your credit/debit card then you are required to notify us immediately.
- All invoices will be sent to the email address associated with your account immediately after payment transactions have been completed.
- If you fail to make payment then X-Designs reserves the right to suspend or cancel your services until payment has resumed and all outstanding payments have been paid.
Use of services
- X-Designs reserves the right to suspend or cancel a customer's access to any or all services provided by X-Designs, where it decides that the account has been inappropriately used.
- X-Designs reserves the right to refuse services and/or access to it's servers to anyone.
- X-Designs offers web space and bandwidth. By this, we mean web space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any material which does not comply with our content guidelines.
- X-Designs offers 10 mailboxes per account. Mailboxes are intended for direct use by the package owner and should not be resold or offered for use by third parties.
- By using X-Designs you agree not to re-sell or offer for the use of third parties any part of it's services.
Acceptable use guidelinesYou may not use X-Designs's services:
- in any way that breaches any applicable regulation, UK or International law;
- in any way that is fraudulent;
- to host any material which is in breach of our content guidelines;
- to transmit, or otherwise permit any unsolicited or unauthorised advertising or promotional material or any other form of similar marketing material, also known as SPAM or Unsolicited Commercial Email;
- to publish or otherwise distribute Warez, copywritten or other illegal material. The onus is on you the customer to prove that you own the rights to publish material, not for X-Designs to prove that you do not;
- to participate in any file-sharing or peer-to-peer activities;
- as a file backup store. All files uploaded to a domain on X-Designs's servers must be visible and accessible by visiting that domain, unless they are hidden files needed to operate the website; X-Designs reserves the right to delete files which do not match these criteria without giving notice to you;
- to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at preset values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts that are designed to provide proxy services, anonymous or otherwise, are not allowed;
- to use an excessive amount of server resources. These include bandwidth, processor utilization and/or disk space;
- to offer HTTP downloads from your site, other than where the files are directly related to the subject matter of the site. X-Designs reserves the right to archive any download content it does not believe to be necessary for the normal operation of the site, and the definition of this is entirely at the discretion of X-Designs;
- to redirect users from a non-.XXX website to a .XXX website.
Material must not
- be defamatory of any person;
- be obscene, offensive, or inflammatory;
- contain any adult material with the exception of content hosted on .XXX domains. Adult material includes all pornography; or otherwise lewd or obscene content. The designation of 'adult material' is left entirely to the discretion of X-Designs;
material hosted on .XXX domains must not breach any of the IFFOR
policies. These include, but are not limited to:
- .XXX registrants must not display any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, depicting child pornography as defined in the United Nations Convention on the Rights of the child;
- .XXX registrants must agree to permit automated monitoring of their sites by IFFOR or if applicable, any other recognised third party for compliance with IFFOR policies, including without limitation, IFFOR policies requiring site labelling, prohibiting child pornography, and prohibiting content or conduct designed to suggest the presence of child pornography. Registrants must agree not to employ technological or other means to defeat or prevent such monitoring;
- No registrant shall use or permit use of a .XXX domain name for or in connection with email spoofing, phishing, spam, or other forms of malicious behaviour, in accordance with specifications and policies issued by IFFOR from time to time;
- No registrant may register an abusive string in the sTLD including, without limitation, strings that infringe the intellectual property rights of a third party, including common law trademark rights; strings that are obvious variants of well-known trademarks not belonging to the registrant; first and last names of an individual other than the individual or his/her agent or names that suggest the presence of child pornography.
- infringe any copyright, or trade mark;
- be likely to deceive any person;
- promote or assist any illegal activity;
- be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- be used to to misrepresent your identity or affiliation with any person or organization.
- You must ensure that any end-user submitted content such as forum posts or chat room entries meet with the standards defined within these terms;
- X-Designs does not allow any content which breaches it's acceptable use guidelines to be stored on its servers. X-Designs reserves the right to remove content from the services or suspend the services immediately where it reasonably suspects such content breaches the acceptable use guidelines;
- X-Designs shall notify you if it becomes aware of any allegation that you breach the acceptable use guidelines;
- Refusal of service based on the content being contrary to the acceptable use guidelines is entirely at the discretion of X-Designs;
- X-Designs reserves the right to move your data to a different server with no prior notice;
- You shall indemnify X-Designs against all damages, losses and expenses arising as a result of any action or claim that the data, content and/or any other material breaches the acceptable use guidelines;
- In the event that X-Designs removes data and/or content from it's services and/or suspends your site as detailed in the use of services, and later reinstates such data and/or content and/or resumes the services, you shall indemnify X-Designs against all damages, losses and expenses arising as a result of any action or claim that such content and/or data and/or the services your site breaches the acceptable use guidelines.
- To guarantee optimal server performance, it is necessary for X-Designs to perform routine maintenance. Such maintenance may require taking X-Designs services offline, typically performed during off-peak hours. X-Designs will give you advance notice of maintenance requiring the services to be taken offline whenever possible by publishing notice on the system status page.
- All data created or stored by you within X-Designs's servers are your property. X-Designs shall allow access to such data by only authorised X-Designs personnel. X-Designs makes no claim of ownership of any web server content, email content, or any other type of data contained within the account holder's server space or within applications on X-Designs's servers.
- X-Designs maintains multiple backups of websites and databases stored on it's servers for up to 30 days. In the event of loss of or damage to your data relating to actions made by you or on your behalf we will restore your website or database up to a maximum of twice per month. Further data restoration will be subject to our data restoration fee. Restoring data will overwrite all previous data and is not reverseable.
- In the event of loss of or damage to your data relating to a failure in X-Designs systems or servers, X-Designs will make reasonable commercial efforts to assist you in the restoration of your data, however you accept full responsibility for maintaining adequate backup copies of all your data.
- You shall indemnify X-Designs against all damages, losses and expenses arising as a result of any action or claim that the content or data of your site or content or data accessed from or published as part of the services infringes the intellectual property rights of a third party.
Uploads via scripting languages
- X-Designs limits uploads made via scripting languages including PHP.
- It is the account owner's responsibility to keep his/her password(s) confidential and to change his/her password(s) on a regular basis. X-Designs is not responsible for any data losses or security issues due to stolen passwords or any passwords that you have intentionally or accidentally disclosed to any third party. X-Designs recommends that you use passwords that contain a mix of lowercase, uppercase, numbers and symbols in order to prevent unauthorized users from guessing commonly used choices, such as"12345", "password", etc.
- You accept full responsibility for any purchases or modifications made within your account by you or by third parties using your account password.
Your personal details
- You warrant that the contact information that you provide to us when signing up is correct and that you accept responsibility for keeping this information up to date at all times. You agree that X-Designs may suspend access to your account and the services if it reasonably believes that the information you have supplied is inaccurate.
X-Designs Disclaimers and Warranties
- X-Designs does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, X-Designs cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by X-Designs.
- X-Designs makes no warranties or representations that any service will be uninterrupted or error free. You accept all services provided hereunder "as is" without warranty of any kind.
- So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the services to be provided hereunder to the fullest extent permitted by law.
- For the avoidance of doubt, any use of the services in the course of conducting business shall give rise to you being a non-consumer and the provisions of these terms affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
- X-Designs shall not be liable for any loss or damage of whatsoever nature suffered by you arising out of or in connection with any breach of these terms by you or any act, misrepresentation, error or omission made by you or on your behalf.
- X-Designs will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by you or for any wasted management time or failure to make anticipated savings or liability you incur to any third party arising in any way in connection with these terms or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
- No matter how many claims are made and whatever the basis of such claims, X-Designs's maximum aggregate liability to you under or in connection with these terms in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in these terms) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by you for the services in relation to which your claim arises during the 12 month period prior to such claim.
- None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of X-Designs, its employees or its sub-contractors.
X-Designs shall not be liable for any interruptions to the services
or outages arising directly or indirectly from:-
- interruptions to the flow of data to or from the internet;
- changes, updates or repairs to the network or software which it uses as a platform to provide the services;
- the effects of the failure or interruption of services provided by third parties;
- factors outside of X-Designs's reasonable control;
- your actions or omissions (including, without limitation, breach of your obligations set out in these terms) or those of any third parties;
- problems with your equipment and/or third party equipment;
- interruptions to the services requested by you.
- X-Designs shall not be responsible for any failure to provide any services or perform any obligation under the agreement because of any act of God, strike, lock-outs or other industrial disputes whether involving the workforce of X-Designs (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm, default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.
- The failure of X-Designs to require your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by X-Designs of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
- The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by these terms which by their performance after their termination, shall be and remain enforceable notwithstanding their termination for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating these terms in accordance with their terms but each party shall be liable for any damage from any breach by it of these terms.
- You agree that any notice or communications required or permitted to be delivered under these terms by X-Designs to you shall be deemed to have been given if delivered by email, in accordance with the contact information you have provided.
- Your rights and obligations and all contemplated by these terms shall be governed by English law and you submit to the exclusive jurisdiction of the English Courts.
- If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of these terms is brought by any party to these terms, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
- You shall not assign, sub-license or transfer your rights or obligations under these terms to any third party without the prior written consent of X-Designs. However, in the event that X-Designs consents to such an assignment, sub-license or transfer, then these terms shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
- These terms constitute the entire agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. These terms supersede any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.
Amendment in writing
- The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by these terms of service.
Relationship of the parties
- Nothing in these terms of service shall be construed as creating an agency relationship, partnership or joint venture between the parties.
Joint and several obligations
- If any party consists of more than one entity, their obligations here under are joint and several.
No third party beneficiaries
- These terms of service do not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
- In the event that any provision of these terms of service shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these terms of service unenforceable or invalid as a whole. X-Designs will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of X-Designs as reflected in the original provision.
- We will determine, in our discretion, whether there has been a breach of the acceptable use guidelines through your use of X-Designs services. When a breach of these terms has occurred, we may take such action as we deem appropriate in accordance with the following section.
Failure to comply with these terms of service upon which you are permitted
to use X-Designs services may result in our taking all or any of
the following actions:
- immediate, temporary or permanent withdrawal of your right to use X-Designs services;
- immediate, temporary or permanent removal or archiving of any content in breach of our content guidelines uploaded to our servers;
- issue of a warning to you;
- issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We exclude liability for actions taken in response to breaches of these terms of service. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.
If you have any questions about these terms of service then please contact us.