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.
“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 Microsoft’s Azure Platform as a Service.
You are required to comply with Microsoft’s acceptable usage policies.
You or may not use the service:
- in a way prohibited by law, regulation, governmental order or decree;
- to violate the rights of others;
- to try to gain unauthorized access to or disrupt any service, device, data, account or network;
- to spam or distribute malware;
- in a way that could harm the Online Service or impair anyone else’s use of it;
- in any application or situation where failure of the Online Service could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage; or
- to assist or encourage anyone to do any of the above.
Violation of the terms in this section may result in suspension of your Hosting Service. Microsoft will suspend the Hosting Service only to the extent reasonably necessary. Unless Microsoft believes an immediate suspension is required, Microsoft will provide reasonable notice before suspending a Hosting Service.
3. Encryption of personally identifiable information
We require you to use reasonable security precautions in light of your use of the Services. For 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. Microsoft Azure guarantees that their App Service and Application Gateway will be available 99.95% of the time in a given month.
SQL Databases will be available 99.99% of the time in a given month.
Storage accounts will be available 99.9% of the time in a given month.
4.2. Service credit will be applied as follows:
App Service and App Gateway
- 25% if the uptime is <99%
- 10% if the uptime is <99.95% and >99%
- 100% if the uptime is <95%
- 25% if the uptime is <99% and >95%
- 10% if the uptime is <99.99% and >99%
- 25% if the uptime is <99%
- 10% if the uptime is <99.9% and >99%
4.3 Downtime Measurement. Downtime is measured from the time you inform Xanthos by email or phone until availability is restored.
4.4 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.
4.5 Maintenance. For the purposes of the Service Level Guarantee, Maintenance shall mean:
a. 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 upgrades;
b. Emergency maintenance – critical unforeseen maintenance needed for the security or performance of your configuration of your hosting.
4.6 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 Azure’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. The “retention” period for your backup refers to the amount of time that we will retain the backup in a useable form for restoration. 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. 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 backup service runs a full backup of all files on a daily basis. The standard retention period for file backup is 30 days.
Databases are continuously backed enabling a point in time restore window normally within 10 minutes of the request. Database backups are retained for 30 days.
7. 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.
8. Unsupported configuration elements or services
If you ask us to implement a configuration element (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.
9. Domain name registration
9.1 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;
9.2 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.
9.3 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.
9.4 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.
9.5 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:
9.6 If payment is not received for any domain name Xanthos may delete or retain the domain for further sale.
10. Bandwidth & File Storage utilisation
If the bandwidth or file storage 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.