In addition to the Xanthos General Terms and Conditions, your use of the Xanthos Web Hosting Services is subject to the following additional terms and conditions:
1. Additional defined terms
Some words used in these Web Hosting Services Terms and Conditions have particular meanings:
“Hosting Services” means Xanthos’s provision for your use of the Hosted System described in the Services Description.
“Personally Identifiable Information” or “PII” means a combination of any information that identifies an individual with that individual’s sensitive and non-public financial, health or other data or attribute, such as a combination of the individual’s name, address, or phone number with the individual’s national insurance number or other government issued number, financial account number, date of birth, address, biometric data,mother’s maiden name, or other “Personal Data” or “Special Categories of Data” as defined in the Directive 95/46/EC and the Data Protection Act 1998.
“Service Commencement Date” means the date on which we provide the access codes that enable you to send and receive information from your Hosted System.
“Support” means: the management and technical support of the Hosting Services by Xanthos.
2. Acceptable usage policy
We host our client websites on Rackspace Ltd's Managed Hosting service. You must comply with the Rackspace Acceptable Usage Policy
in your use of the web hosting service.
Where we provide email services through Rackspace, you must comply with the Rackspace Acceptable Usage Policy for email. You can find this information in the usage policy link above.
3. Encryption of personally identifiable information
We require you to use reasonable security precautions in light of your use of the Services. For the Hosting Services, this includes encrypting any PII transmitted to or from, or stored on, the Xanthos servers or storage devices you use.
4. Service level guarantees
4.1 Network. We guarantee that the Rackspace data centre network will be available 100% of the time in a given month, excluding maintenance. The data centre network means the portion of the Rackspace network extending from the outbound port on your edge device to the outbound port of the data centre border router and includes Rackspace managed switches, routers, and cabling. We will credit your account five per cent (5%) of the monthly fee for each thirty (30) minutes of network downtime, up to one hundred per cent (100%) of your monthly fee for the affected server(s). Where you pay an annual service fee the monthly fee will be calculated as a twelfth of your annual fee.
4.2 Infrastructure. We guarantee that data centre HVAC and power will be functioning one hundred per cent(100%) of the time in a given month, excluding maintenance. Power includes UPSs, PDUs and cabling, but does not include the power supplies on your servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems. We will will credit your account five per cent (5%) of the monthly fee for each thirty (30) minutes of infrastructure downtime, up to one hundred per cent (100%) of your monthly fee for the affected server(s).
4.3 Hardware. We guarantee the functioning of the following dedicated, Rackspace-provided hardware:
(i)servers, firewalls, and load balancers; (ii) attached storage devices; and (iii) network attached storage devices. Hardware repair or replacement will begin once we identify the cause of the problem. Hardware repair or replacement is guaranteed to be complete within five (5) hours of problem identification for network attached storage devices and within one (1) hour of problem identification for all other hardware covered by this guarantee. We will credit your account five per cent (5%) of the monthly fee per additional hour of downtime (after the initial five (5) hours or one (1) hour for repair or replacement, as applicable), up to one hundred per cent (100%) of your monthly fee for the affected hardware. This guarantee excludes the time required to rebuild your system, such as the time required to configure a replacement device, rebuild a RAID array, reconfigure devices from their default settings, and reload operating systems and applications.
4.4 Downtime Measurement. Downtime is measured from the time you inform Xanthos by email or phone until network availability is restored, or the affected device is powered back on, as applicable.
4.5 Limitations. You are not entitled to a credit if you are in breach of the Agreement (including your payment obligations to us) at the time of the occurrence of the event giving rise to the credit until you have remedied the breach. You are not entitled to a credit if the event giving rise to the credit would not have occurred but for your breach of the Agreement or misuse of your Hosted System. To receive a credit, you must contact Xanthos within ten (10) days of the occurrence of the event giving rise to the credit.
4.6 Maintenance. For the purposes of the Service Level Guarantee, Maintenance shall mean:
a. Rackspace maintenance windows - modifications or repairs to shared infrastructure, such as core routing or switching infrastructure that are scheduled at least seventy two (72) hours in advance, that occurs during off peak hours in the time zone where the data centre is located;
b. Scheduled customer maintenance – maintenance of your configuration that you request and that we schedule with you in advance (either on a case by case basis, or based on standing instructions), such as hardware or software upgrades;
c. Emergency maintenance – critical unforeseen maintenance needed for the security or performance of your configuration or Rackspace’s network.
4.7 Data Centre Upgrades. We are constantly upgrading our data centre facilities and in order for you tobenefit from these upgrades, you agree that we may relocate your servers within our data centres, makechanges to the provision of the Services, URLs and your IP addresses and may establish new procedures for the use of the Services. In each case we will give you reasonable advance notice and use all reasonable endeavors to minimise the effect that such change will have on your use of the Services.
4.8 Cumulative Amount. Notwithstanding anything in this Agreement to the contrary, the maximum total credit for failure to meet the Service Level Guarantees under this Agreement for any calendar month shall not exceed one hundred per cent (100%) of your monthly recurring fee for the affected Hosted System. For clarification where you pay an annual service fee the monthly fee will be calculated as a twelfth of your annual fee. Credits that would be available but for this limitation will not be carried forward to future months.
You are not permitted to resell the Hosting Services without the express permission of Xanthos. Reselling the Hosted Services will bring you into default unless otherwise agreed.
6. Managed backup
6.1 Rackspace’s managed backup services are designed to facilitate restoration of data to the server or device from which the data originated in the event the primary data is lost or corrupted. The quality of your backup depends on how your data is organised. In the event your primary server or device hardware fails and is replaced, we may not be able to restore your backed up data exactly as it was configured on the failed device. If this risk is not acceptable to you, then we will help you identify other data solutions that are more reliable in this situation. The “retention” period for your backup refers to the amount of time that we will retain the backup in a useable form for restoration to the server or device from which it originated. If you wish to preserve your backup after the time that this server or device is decommissioned, you must make arrangements with us at least seventy-two (72) hours in advance of the scheduled decommissioning of the server or device. Database duplications or “cloning” for purposes other than a restoration of lost or corrupted data as described in this paragraph are not included as part of your managed backup service, but may be arranged as a Supplementary Service for an hourly fee. We may choose to use either tape or disk to collect your data, at our discretion. Provided that we do not impair the security or reliability of your backup service, you agree that we may from time to time test our backup systems, and may use copies of your data as part of these tests. We will treat duplicate data in accordance with the same security standards applicable to your backup service.
6.2 The managed backup service runs a full backup of all data files on a weekly basis and runs a daily incremental backup.The standard retention period is two weeks.
7. Data replication
If you purchase any services that involve data replication at a geographically separate site (such as our DNAS based replication) then the following applies to your use of that Service: the rate by which the data at the primary site can be transferred to the secondary site will vary depending on the amount and type of data,constraints inherent in your Hosted System, and fluctuations in bandwidth availability. Therefore, at any given time, the secondary site may not be completely up to date. In the event of a failover to the secondary site, the data that has not yet completed the transfer from the primary site will be lost. We may provide you with some guidelines on latency times based on our understanding of your data and system constraints, but these guidelines are not guarantees.
8. Vulnerability testing
Vulnerability testing services involve inherent risks, such as data corruption and impaired performance of your Hosted System. If you ask Xanthos to provide vulnerability testing services, then you agree that Xanthos is not liable to you for any damages arising from the performance of the Services as agreed.
9. Unsupported configuration elements or services
If you ask us to implement a configuration element (hardware or software) or hosting service in a manner that is not customary at Xanthos, or that is in “end of life” or “end of support” status we may designate the element or service as “unsupported,” “non-standard,” “best efforts,” “reasonable endeavours,” “one-off,” “EOL,” “End of Support,” or with like term in the Services Description (referred to in this Section as an “Unsupported Service”). Xanthos makes no representation or warranty whatsoever regarding Unsupported Service so designated, and you agree that Xanthos shall not be liable to you for any loss or damage arising from the provision of the Unsupported Service. The Service Level Guarantees shall not apply to the Unsupported element or Service, or any other aspect of the Hosting Services that is adversely affected by the unsupported element or service. You acknowledge that Unsupported Services may not interoperate with Xanthos’s other services, such as backup or monitoring.
10. Domain name registration
10.1 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;
10.2 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. For UK domain registrations you shall ensure that you are aware of the terms and conditions of Nominet UK, the UK naming authority, that can be found at http://www.nominet.org.uk/nominet-terms.html 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 or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
10.3 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.
10.4 We give no warranty or representation that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name.
10.5 Xanthos shall be entitled to withhold the release of any domain name to another provider or "tag holder" unless full payment of all amounts due to us at that time for whatever reason has been received by us:
10.6 If payment is not received for any domain name Xanthos may delete or retain the domain for further sale.
11. Bandwidth utilisation
If the bandwidth used by you exceeds agreed quotas in a one month minimum period an excess charge will be payable by you at current published prices.
This Web Hosting Services Terms and Conditions represents the entire relationship between the parties for web hosting and supersedes all previous written or other correspondence and agreements, understandings or communications, whether written or oral, as to the subject matter of this Web Hosting Services Terms and Conditions.