SSL Certificates Domain Names Public Services About Exoware Contact Us

Terms and Conditions

The use of services from Exoware constitutes agreement to these terms.

1a) Account Setup and Customer Details

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not "@", at, or pointed to the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it may be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

1b) Site transfers

Our transfers team will make every effort to help you move your site to us; however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

2) Content

All services provided by Exoware may only be used for lawful purposes. The customer agrees to indemnify and hold harmless Exoware from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse AT exoware.net with the information required. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all Shared, Reseller, VPS and Dedicated Servers include:
Proxy scripts or anonymizers, pirated software (warez), topsites, escrow, sale of any controlled substance without prior proof of appropriate permit(s), hate sites, hacker focused sites, spam related activities or sites promoting illegal activities. Hosted communication mediums that distribute or link to warez content are prohibited.

Adult content is allowed to be hosted on any service we provide, so long as the content is within UK law and the respective law of the country the hosted server is located.

We reserve the right to refuse service to anybody.

Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via ticket and must have a response within 24 hours.

If you are in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.

Resellers with customers violating one or more of these policies will be notified and we will suspend your customer's account immediately and delete any data deemed to be illegal or a threat to our servers. Resellers are expected to respond within 48 hours with a summary of the incident and what action they have taken. Resellers unsuspending their customer's account whilst the customer is still violating this policy will be suspended until we receive a response from the reseller. Multiple incidents may result in termination of your account.

Direct customers violating one or more of these policies will be notified and their account potentially suspended until a response and explanation given to our support team. Data will be deleted if it is considered illegal or a threat to our servers.

Violations that break law will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change your password.

3) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Exoware reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

If your actions have caused any IP addresses of any of Exoware's servers to be placed on any blacklists or any other email filtering software systems, a £250 charge will be added to your account in addition to £50 per hour for administrative charges incurred to remove and protect our servers and IP addresses.

4) Payment Information

You agree to supply appropriate payment for the services received from Exoware, in advance of the time period during which such services are provided. You agree that until and unless you notify Exoware of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the ticket system in the client area provided after signing up or via a cancellation link displayed beside the respective product also located in your client area. Once we receive your cancellation and have confirmed all necessary information with you , we will inform you that your account has been cancelled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

As a client of Exoware, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Exoware provides a 7 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 7 days and not paid will result in a 10% late fee and/or an account suspension until account balance has been paid in full.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account. Refunds are processed at the discretion of Exoware. If you require assistance with this provision, please submit a ticket to our billing department.

Exoware reserves the right to change the recurring payment amount with prior agreement with the client. Exoware also reserves the right to change the recurring payment date at any time.

5) Backups and Data Loss

Although Exoware makes extensive effort to backup (applies to shared and reseller hosting only) and keep your data safe and secure, your use of our services is entirely at your sole risk. Exoware is not responsible for the loss of your data on any of our services. You agree to take full responsibility for data transferred and to maintain your own backup of your data stored on our servers.

6) Cancellations and Refunds

Cancellations must be submitted via our client area as a support ticket or via the cancellation link next to respective products or services. Cancellations requested via e-mail or phone will not be honored and you will be told to cancel via your client area. Dedicated server cancellations must be submitted at least 14 days prior to your renewal date, or you will be charged for the next month. Exoware reserves the right to cancel any account at any time with or without notice. Refunds are processed at the discretion of Exoware.

There are strictly no refunds for domain registrations or licensing fees for software. Software licensing fees must be paid for and cannot be cancelled or refunded once an invoice for the license has been generated for whatever period the invoice is for - this is without exception.

Any abuse of our staff in any medium or format may result in the termination of your services and your account and we may refuse to provision any further services or sell any further products to you at any time in the future.

Where stated, Exoware may provide a 30-day money back guarantee. Any client who is not fully satisfied with their new service within 30 days of the beginning of their new service may contact us at any time during the 30 day period to request a refund. We will refund the full amount under the provision that the client provides a reason for cancelling and acknowledges our attempts to rectify whatever issue they may have that is causing their wish to cancel. If you sign up again on the same category of services and/or products that have been previously cancelled, you are not eligible for the 30-day money back guarante. "Web Hosting", "Reseller Hosting" and "Virtual Private Servers" are all considered separate service categories. We strictly cannot refund any payments for dedicated servers.

Violation of any part of this agreement will result in any right of refund mentioned in this agreement being invalidated.

7) Resource Usage

On shared servers, clients are forbidden to use any bandwidth or CPU intensive scripts that are proven to be causing a detrimental effect on other clients residing on the same server. Clients are also forbidden to use their shared or reseller hosting service as a complete file storage/serving service, casual storage is permitted, however. Exoware will ultimately decide what size and amount of files is considered detrimental in each unique case. Exoware will also ultimately decide what is or is not a bandwidth or CPU intensive script.

IRCds are allowed upon request on virtual private servers and dedicated servers, but may be terminated upon the event of attraction of denial of service attacks. Please note that a small amount of virtual private server datacentres that we partner with disallow IRCds and some even disallow outgoing IRC connections - if you intend on using your virtual private server for IRC, we can accommodate your needs, but we recommend you contact us before ordering so that we may inform you which datacentres will allow IRC and whether we currently have space on them. Exoware general policy allows IRC and we intend to make it available to our clients as much as possible.

8) Disk Space Usage

When purchasing a shared hosting or reseller hosting account, you will be allocated a set amount of disk space. It is possible to go over the allocated amount, however, you will be charged £0.001 per month, per megabyte (MB) of data that is stored. We understand that some people are discomforted by potential excess charges, thus we are able to instead impose a hard limit on the disk space you can use on request. In most cases when package limits are reached, it is recommended to upgrade to the higher package.

9) Data Transfer Usage

You are allocated a monthly data transfer allowance on all shared hosting or reseller hosting accounts. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount, your account will be billed £0.0001 per month, per megabyte (MB). For example, using 10GB (10240MB) extra in a month will cost £1.02 for that month only. Exoware understands that some individuals dislike excess fees and prefer to feel in absolute control of their spending; consequently, we can place a hard limit on the bandwidth on your account on request. This hard limit gives Exoware the right to suspend the account, halting any service for the remainder of the month so as not to accrue any additional charges for the customer. The customer can avoid additional charges or being suspended by monitoring their usage and upgrading their account to the next level when necessary. Unused transfer in one month cannot be carried over to the next month.

10a) Money Back Guarantee

On dedicated server, no refund will be honored as the 30 day money back guarantee does not apply to these services.

Exoware's shared hosting, reseller hosting and virtual private servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount provided you give a reason for cancelling and acknowledge our attempts to rectify whatever the reason is for cancelling. This is strictly only for shared, reseller or VPS packages and does not apply to dedicated servers, administrative fees, control panel purchases/leases, install fees for custom software, or domain name purchases.

10b) Uptime Guarantee

If your shared, reseller, virtual private server or dedicated server service has a physical downtime that is not within the 99.9% uptime you may receive a nominal credit against the next service payment. Approval of the credit is at the discretion of Exoware dependant upon justification provided. Credit is not applied automatically. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact billing AT exoware.com, or submit a ticket in your client area and provide justification for the credit. All requests must be made in writing. Uptime guarantees only apply to shared, reseller, virtual private server and dedicated server services.

11) Reseller Responsibility

Resellers are responsible for supporting their clients. Exoware does not provide support to our reseller's clients. If a client contacts us directly, he will be forwarded to you for assistance. If a client continually harrasses Exoware for support having already been informed of your responsibility of their support, the client will consequently be ignored, may be added to any spam lists or blacklists we have in place and their account may also be suspended if they are being abusive. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Exoware will hold any reseller responsible for any of their clients actions that violate the law or the terms of service. It is the responsibility of the reseller to forward on any legal obligations to their clients.

12) Shared Hosting Reselling

Shared accounts are strictly prohibited from reselling web hosting to other individuals or entities. If you wish to resell hosting, you must purchase or upgrade to a reseller account.

13) Virtual Private Servers and Dedicated Servers

Exoware reserves the right to reset passwords on any virtual private server or dedicated server if the password on file with us is not accurate so that we may do security audits as required by our policies and any datacentre policies that may be enforced upon us. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Exoware reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Virtual private servers and dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. It is your responsibility to maintain backups.

14) Affiliate Programme

The moment a client activates their account to become an affiliate, they are to be bound by this clause of the agreement - those who are not active affiliates and never have been remain unaffected by this clause. Most affiliate products will have a one-off payout, however for products which do not and are a recurring payment, the maximum recurring payout will be 10% of the referred product or service. Upon activation, affiliates agree that they will be able to accept payment by either PayPal or BACS - Exoware cannot guarantee any other payment method and if Exoware does so, it does at its absolute discretion. Affiliate credit may also be transferred to client account credit in order to be used to pay for active services that the affiliate has with Exoware. Affiliates may only make a withdrawal of their earnings if the earning are equal to or greater than the sum of £10.00 - any bonus received as part of the affiliate activation may not be withdrawn unless this figure is achieved.

For each client referred by an affiliate and for each respective product or service the aforementioned client signs up for, the affiliate will be credited with the relative amount correlative to that of the product or service only after 45 days of the product or service being active. If a product or service is cancelled during the 45 day period, the credit will be nulled and invalid. Product or service credits from a referred client who is found to already be a client of Exoware or whom is already fully aware of the existance of Exoware at the time of sign-up will be nulled and invalid; it is the responsibility of the affiliate to prove otherwise.

Affiliate status may be suspended and/or terminated for inappropriate advertisements, such as false claims, misleading hyperlinks, spamming of any variety, linking on any website which houses or promotes illegal activity of any kind, by violating the intellectual property rights of others or by repeatedly attempting to acquire affiliate credit through the means of referring existing customers.

The exact amount of credit respective of a product or service credited to an affiliate is available on request and is subject to change at any time, with or without notice.

15) Data Sensitivity and Privacy

Any data stored on any of Exoware's services is not guaranteed any level of privacy regardless of the sensitivity of said data. Clients who wish to secure sensitive data must do so by whatever means they see fit, this is not the responsibility of Exoware. Exoware reserves the right to read all client data if necessary in order to determine if a client's service is being used for illegal activity or if it is violating this agreement. This is inclusive of all services. Clients attempting to lock out access to their service, particularly a virtual private server or dedicated server, to themselves only will be contacted when their service is to be audited and they must provide access to their service within 24 hours, failing to comply with this requirement will result in either the modification of a clients service to allow Exoware access or will ultimately result in the termination of the service.

16) Price Change

The amount you pay for hosting will never increase from the date of purchase unless you use more than the amount purchased. We reserve the right to change prices listed on Exoware.net, and the right to increase the amount of resources given to plans at any time.

17a) Indemnification

The client agrees that it shall defend, indemnify, save and hold Exoware harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Exoware, 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 Exoware against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Exoware; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Exoware's services.

17b) Limited Liability

Under no circumstances, including negligence, shall Exoware, its offices, agents or any one else involved in creating, producing or distributing Exoware services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Exoware services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Exoware's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Exoware's servers.

17c) Arbitration

By using any Exoware services, you agree to binding arbitration. If any disputes or claims arise against Exoware or its subsidiaries, such disputes will be handled by an arbitrator of Exoware's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

18) Disclaimer

Exoware shall not be responsible for any damages your business may suffer. Exoware makes no warranties of any kind, expressed or implied for services we provide. Exoware disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Exoware and its employees.

19) Disclosure to Law Enforcement

Exoware may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

20) Severability

If any provision of this agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this agreement will remain in full force and effect. Any provision of this agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

21) Changes to this document

Exoware reserves the right to revise its policies at any time. Notice will not be given to minor revisions, however notice will be given to any affected clients should a reasonable change be made to our terms.

© Exoware 2010. All rights reserved.
Terms | Privacy