Terms Of Service

This page shows our Terms of Service. If you do not agree with these then you cannot purchase or use any of our products or services. The Terms of Service are enforced for your benefit including keeping your account safe and stable.

The following terms shall have the meanings following unless the context otherwise requires:

"We", "GENEXTHOST", "Us", "Our": includes GENEXTHOST Limited or any party acting under GENEXTHOST instruction.
"You", "Reseller", "Member", "Customer": includes the person purchasing the services and/or party acting on customer's instruction.
"Registrant": includes the person who has requested a domain registration service for a domain name or any party acting under the Registrant's instructions.
"Server": includes the computer equipment used to provision services.
"Website", "Hosting", "Reseller", "VPS", "Dedicated Server", "SHOUTcast", "Service(s)", "Product": a service/product offered by GENEXTHOST
"Content": includes anything stored/streamed under a Hosting, Reseller, VPS, Dedicated Server or other Service provided by GENEXTHOST
"Similar", "Similar product": for hosting, any shared/web hosting, reseller or master reseller plans are seen as "Similar". Windows and Linux VPS are seen as "Similar". Any dedicated server is seen as "Similar" to any other dedicated server, regardless of operating system

The use of products or services from GENEXTHOST constitutes agreement to these Terms.

GENEXTHOST is a trading name of DK Internet Services Limited, a company registered in England and Wales (number: 09105945). Our registered office address is:

DK Internet Services Limited
Kemp House
152 City Road
London
EC1V 2NX
United Kingdom

These terms and policies are governed in all respects under the laws of England.

Prohibited Services/Content
The following services/content are prohibited on all services from GENEXTHOST:
- Torrent Processes
- Copyright infringement
- IRC in any form
- Nulled/Illegal Scripts or Content
- Fraudulent or phishing content/scripts
- Pirated Software/Warez
- IP or Port Scanners
- Sale of any kind of illegal substance
- Brute forcing in any way
- TCP/UDP Flooding
- Spam (i.e. mail spam) Scripts
- Lottery Websites (exceptions may be agreed)
- Hateful/Racist/Harassment oriented websites
- Illegally publicising private information without an individual's permission
- Hacker focused websites/archives/programs
- Sites promoting any kind of illegal activity
- Adult content including Child Pornography

In addition, the following services/content are prohibited from use on our shared hosting, reseller, and master reseller hosting accounts:

- SHOUTcast Servers (i.e. cast-control) and similar processes including game servers
- Shell/SSH/Telnet Scripts in any form
- Game servers
- Stand-alone server side processes
- Any type of web spider or page indexer
- File Sharing
- Real time chat applications (unless remotely hosted)
- Perl scripts (unless permission given)
- Proxy/VPN or other Gateway services
- Streaming Services
- Image/Music/Files Hosting or Sharing

Such prohibitions are necessary in order to ensure the integrity of service for other service users.

Resource Usage
In order to maintain integrity of service for all users in a shared environment, it may be discovered from time to time that a certain account is not suitable for operation in a shared hosting environment on our servers. In this instance GENEXTHOST will contact the account holder to discuss options.

In addition to prohibited content listed above, customers of web hosting, reseller or master reseller services may not:
- Use more than 20% of any system resource for more than 60 seconds
- Run MySQL queries longer than 15 seconds
- Include PHP files by URL instead of server path (simple to adjust)
- Use HTTPS protocol when not necessary (as it is more CPU intensive than HTTP)
- Cron jobs with intervals less than 15 minutes

With SHOUTcasts, if you are using up to near the limit of your max listeners on a regular basis we may refuse to allow you to renew your product next month or cancel it immediately. This is to ensure that all our SHOUTcast customers can have a high quality level of service without any problems. If we choose to, we can refuse to provide our SHOUTcast service to anyone at any time.

You are not allowed to provide free hosting on any of our reseller plans. This is seen as a considerable security/fraud risk and is completely disallowed without specific permission from GENEXTHOST.

"Burst RAM" allows you to go over your guaranteed RAM usage for a short period of time. If you are constantly going over your guaranteed RAM allowance you may be forced to upgrade (you will be charged to upgrade the amount of guaranteed RAM you get on your VPS) or suspended until the issue is resolved.

Where plans are marked as offering 'x' GB of resources, this refers to at least x1000 MB of resources. For example, if a hosting plan offers 5 GB of disk space, you will receive at least 5000 MB of disk space (but not necessarily 5120 MB).

You are not allowed to use your hosting or reseller product as a backup or storage device. The only exception to this is up to 5 MySQL database backups and up to 2 cPanel backups at any time. Any other backups created of the account must be downloaded to another location and removed from the hosting product immediately. You cannot store backups from any other resource other than your hosting account under your hosting account.

Regular hosting plans cannot resell web hosting to other people under addon domains, sub domains, parked domains or any other method of reselling the hosting service. If you wish to resell hosting you must use a reseller, VPS or dedicated server.

If you wish to offer music downloads or stream music, for both hosting-based products and SHOUTcast products, you must contact us first to prove that you have permission from the authors to use their music and valid licenses in countries you provide the music to.

Server Abuse
Any attempts by a customer or user of a customer's website to undermine or cause harm to a GENEXTHOST server or customer is strictly prohibited. It may result in immediate suspension or termination of all services with GENEXTHOST. If your account information is stolen and abuse is carried out, you are still responsible. This includes if your specific account has an attack, for example, a DoS attack and it uses an excessive amount of server resources. 

Domain Names
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 not assume registration of your requested domain name(s) until you have been notified that it has been registered.

The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of most domain name extensions and Nominet in the case of domain names ending with .UK (Nominet Terms and Conditions). 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. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired 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.

We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.

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 shall be entitled forthwith to suspend the provision of services to you.

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these Terms of Service and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services.

If you fail to pay any sums due to us as they become due, we may suspend the services and/or terminate this agreement forthwith without notice to you. If you break any of these terms and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this agreement forthwith. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this agreement forthwith.

On termination of this agreement or suspension of the services we shall be entitled immediately to block your website and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts outstanding and payable to us.

Billing Policies & Refunds
If for any reason it is not possible for us to complete one of our services (by service we mean one of the products listed on our website under the page/category of "services"), or you change your mind before the service is installed/created then a full refund will be given. We offer a 7 day "cooling off" period on all shared web hosting, reseller, master reseller, SHOUTcast and linux VPS services. During the 7 days after your order was made, you may cancel at any time and receive a full refund.

If you have previously ordered a product liable to the "cooling off" period, you cannot receive a refund on a new order of any similar product, even if you cancel it during the "cooling off" period.

Refunds are not available any time for domain names, SSL certificates, dedicated IP addresses, completed labour services or licenses. Refunds will not be provided if you have violated any policy set out in our Terms of Service.

PayPal subscriptions are the responsibility of the client. If the client cancels their product/service it is their responsibility to cancel their PayPal subscription. GENEXTHOST are not liable to refund subscription payments or payments for renewal of services.

You are able to add funds to your account (for example, add funds through PayPal as credit to your client account with us) to store as account credit. Funds added which are stored as credit on your account cannot under any circumstances be refunded back to the original payment source, as with the SMS and Landline Calls payments system. 

GENEXTHOST bills clients for 1 calendar month, 3 months, 6 months or 1 year periods. If during the relevant period a customer cancels their account they will not receive any refund (unless during the 7 day “cooling off” period after ordering). Customers cannot put their accounts on "hold" or "delay". Customers must pre-pay for the time they will use. Payments via SMS and landline telephone call cannot be refunded under any circumstances, however, if you pay for a product or service using credit that has been added to your account via SMS or landline telephone call we can refund this back to your account as credit.

If payment is not received on the due date, GENEXTHOST reserve the right to suspend your account and can delete all remaining data after 3 days. Under normal circumstances, the account will be terminated 7 days after becoming overdue. We reserve the right to suspend access to your account if you do not pay due invoices; we do send a reminder to you before you are due to pay via our client system. If your payment is overdue and you pay it late, then the period for which you are paying will still have started on the date that the payment became due; it does not start from the day you pay the overdue payment. If money is owed to GENEXTHOST for any reason, including but not limited to PayPal disputes retracting funds which have been spent at GENEXTHOST when you are not liable to a refund, GENEXTHOST reserve the right to suspend or terminate any or all of the services you have with GENEXTHOST until owed funds are repaid in full. You are not permitted to raise a PayPal dispute or file chargeback on any payment. This is seen as a breach of our terms of service.

We reserve the right to remove or modify services and in particular any special offer at anytime. If a cost price to us is increased, such as renewal of domains, then we must pass this price increase onto you also. An increase in price may be due to currency fluctuations of cost price. We offer discounts on recurring/renewal prices to clients from time to time to thank the client(s) for choosing us. You must contact us to find out if you are eligible for any additional discounts at any time. The amount you pay for a hosting product will not increase from the time of purchase except if the service is being paid for in a currency other than GBP in which case the price will update due to changing exchange rates from GBP to the local currency. However, we reserve the right to change any of the pricings, plans and packages displayed on our website for new customers and orders. We reserve the right to cancel any service instantly without warning should you violate the terms of service in any way. If you purchase one of our services and we request information regarding the setup/completion of the service, you must respond within 14 days. If you do not, we reserve the right to cancel your service without refund.

Domain registrations, transfers and renewals are one-off instantaneous processes services. Depending on the period of the registration/renewal, further renewal(s) of the domain name will not be required until a specified number of years following the initial registration/renewal service provided by GENEXTHOST. The price of future new registrations, transfers and renewals may change at any time. You may have the opportunity to renew it after expiry only at the discretion of and with permission of GENEXTHOST.

With regard to our price match promise, a discount of the price of a plan is at the discretion of GENEXTHOST. A discount will apply for the first month only unless otherwise stated. The price promise will match the price you show by offering you the same service with a 10% discount. Proof of existence of a package to match the price to is required before we offer a discounted price.

Free bonuses which are activated with or after purchase will result in deductions if a refund is requested:
- Domain name registration (price of extension listed on our website at time of purchase)
- ClientExec license £3.99
- Account migrations £1 each
- SSL Certificates vary from £5 to £8.95
Other free bonuses may have varying deductions not listed above. You have the right to request to know what deduction would be made in advance to activating a free bonus. In order to regain access to a previously free/included domain registration after cancellation, an additional administration fee of £3.50 will apply.

Further to these deductions, in exceptional circumstances a small administration fee may also be applied for the administration involved in dealing with the left over domain name and/or other free product.

We offer a refund for any unscheduled downtime at all (thus guarantee 100% uptime). We guarantee to refund the exact amount of downtime that you have precisely. "Downtime" refers to any unscheduled downtime relating to our software/services - not data-centre network, power or hardware issues. We calculate downtime by dividing your monthly/quarterly/semi-annually/annually paid price relevant to the amount of downtime incurred. "Downtime" is unscheduled if no advance warning is available to the client. Scheduled downtime warnings will appear in the 'Network Issues' part of our client area (which is your responsibility to check), and if a 'major' downtime will occur, an email may be sent to you in advance.

Credit stored in a client area/billing area account may automatically be placed onto an invoice if an unpaid invoice is created in the account. If the invoice is not due when the credit is added, the credit can be removed. However, if the date that the credit is added to the invoice is the date that the invoice is due, the credit cannot be removed from the invoice.

Partners
Accepting our Terms of Service and purchase of a dedicated server also constitutes the acceptance of the two agreements with a partner company found here and here (please click the 'here' links to proceed through to the documents).

Service Policies
By registering as a Client of GENEXTHOST, you are unable to cancel your registration or have your account removed from our client records at any point unless a specific exceptional agreement is reached between the Client and GENEXTHOST. Please also see our privacy policy.

GENEXTHOST reserve the right to suspend usage of any product we offer for any reason at any time without warning. This is a precautionary measure and will be used if there is suspicion of or evidence of a breach of our terms of service.

GENEXTHOST are not responsible for errors of any type, but we will try and help you to fix them via support. We are not responsible to provide support for 3rd party products and software on any of our services.

To register as a client at GENEXTHOST and order any products, you must be in a position in your country to legally agree to this Terms of Service. If we have suspicion that you are not, we reserve the right to suspend or terminate any of your products unless you provide verification of your age in terms of a valid identification (see Disclaimer) within the time frame we specify.

When we offer a "fully" or "semi"/"partially" managed service for any of our services, this is subject to the knowledge and experience which we are able to provide you with. If we are unable to help you with an issue, despite it being a managed service, we cannot be held liable to provide any form of compensation. We will always try to assist you to our best ability.

GENEXTHOST reserve the right to search through any and all files on its servers. If any files are found to break the Terms of Service, we reserve the right to immediately remove, suspend or deal with these as may be required with the authorities. GENEXTHOST will in no way be held responsible for any files found on its server, which are uploaded by a customer.

If you connect to your SHOUTcast or any SHOUTcast in your account over the allowed/specified bitrate GENEXTHOST reserves the right to suspend or terminate your product.

Should we be required or decide to show logs of chat/support tickets to any party, we reserve the right to display this information including any recorded communication with any representative of GENEXTHOST.

Spam
Sending of unsolicited e-mail, bulk emailing and spam in any form is strictly forbidden from all of GENEXTHOST services. We also refuse to host any website which is advertised by methods of spam including but not limited to spam via email, instant messaging, discussion boards, telephone or fax.

GENEXTHOST reserves the right to charge you for blacklist removal or other costs incurred by misuse (i.e. spamming) from a service in your account, whether the spam was intentional or unintentional.

Abuse Policy
For abuse complaints, please email us at abuse@co.uk or submit a ticket to the abuse department. All abuse tickets will be acted on and responded to within 24 hours of receipt.

SLA
Tickets are responded to on a best-effort basis. Sales/billing tickets will be answered between 9-5, Monday to Friday. Support tickets are answered 24/7 with an 8 hour guarunteed response. Abuse tickets will be responded to within 24 hours.

General Policies
If you request to push/move/transfer a product or a credit balance to another client in our system, you cannot reverse this request and have the product or credit balance moved back to you. It is a one-way transfer, which cannot be reversed unless the client who has received the service/credit requests it to be transferred again. GENEXTHOST will only push/move/transfer a product when we deem it suitable, and at our discretion.

Valid contact details are required to use our service. This includes a valid name, address and telephone number. If valid contact details are not provided, these terms of service and other documentation become null and void in terms of GENEXTHOST' liability and we reserve the right to suspend or terminate your service at any time.

GENEXTHOST reserves the right to check orders after they are completed, if an order is marked/suspected as/of high risk after processing, we reserve the right to cancel such order. An appropriate refund will be made via the method of payment of the customer or an otherwise appropriate method. GENEXTHOST reserves the right to suspend or terminate any services immediately after detecting fraudulent activity or under suspicion of breach of these terms of service.

Free SSL certificates are issued subject to availability. A dedicated IP address is required in order to use/request an SSL certificate. Each SSL certificate must have its own individual dedicated IP address. If paying annually, the SSL certificate will last for the life of the plan. If paying on any other payment term, the free SSL certificate will last for 90 days at which point it can no longer be used. Upon expiration of any free/paid certificate, a new SSL certificate can be purchased and installed to the same location.

Affiliate commissions are paid out on request when reaching a minimum of £20 owed. These are paid out as credit within your GENEXTHOST client area account. The percentage commission is stated clearly upon sign up to the affiliate scheme and will not change for referrals already made but can be changed for future referrals/commissions. Dedicated server and windows VPS products are exempt from affiliate commissions and no commissions are paid out for referrals of these products under any circumstances.

Issuing of free bonuses including but not limited to free ClientExec licenses and free 0844 numbers is done at GENEXTHOST discretion. You may have to request your free bonus via support ticket. It is only possible to get a free bonus when you purchase a product. When that product is cancelled/terminated, your free bonus is too. GENEXTHOST reserve the right to cancel your free bonus at any time if we feel that we need to. Free bonuses are issued subject to availability.

If a ClientExec license is activated as a free bonus (with a service), you cannot change the domain it is licensed to beyond the initial issue of the license.

With regard to free 0844 numbers on selected plans, you must send in a support ticket requesting your number after your purchase. Your 0844 number can redirect calls to UK landlines only. You will be able to customize various parts of your line, and we will ask you questions regarding how you want it customized. An example is that you can choose the genre of your on hold music that your customers hear when on hold. 0844 numbers are issued subject to availability. 0844 numbers may not be able to be issued. In replacement, an 0843 number may be issued instead. If you do not receive any calls for 30 days at any point, the telephone number will be terminated and cannot be re-activated.

Free transfers of accounts to our services are available for the first 30 days from sign up date. If required after this time a fee of £1 per transfer may be charged. Free account transfers for reseller/VPS plans are limited to 30 cPanel accounts. If you require a transfer of more than this number of accounts, additional transfers will be charged at £1 per account transferred (discounts available for significantly higher).

If there is any abuse, mistreatment or threats to any GENEXTHOST staff of any kind, including use of foul language, GENEXTHOST reserve the right to suspend or terminate the account related to the abuse until further notice. We do not tolerate abuse and will take this rule very seriously. If you disclose the URL, location or content of your account or any support ticket, and/or such abuse to staff is given by somebody else, you are still liable to this rule. This rule can also be enforced on you if you are involved with abuse on another customer's support ticket. Please keep all information you are given confidential.

Messages deemed by staff as spam from you or your account onto any of our systems, including our support ticket system, may result in suspension of service, termination or refusal to provide support. 

Disclaimer
GENEXTHOST are not responsible for any damages your business may suffer. GENEXTHOST do not make implied or written warranties for any of our services. GENEXTHOST deny any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-delivery, wrong delivery, and any and all service interruptions. It is very unlikely that such data loss or disruption will happen, and we will always undertake everything within our control to prevent such an event. You hereby agree not to hold GENEXTHOST responsible for any such claims.

We reserve the right to refuse service to anyone at any time without explanation.

It is your sole responsibility to make sure your data gets backed up in case a crash does occur. If, in extreme circumstances, loss of data does occur, GENEXTHOST will work to recover the lost data. GENEXTHOST cannot be held responsible for data and/or backups stored on their servers, nor for any data loss should it occur. 

The delivery times stated on our website and by our representatives can only be taken as estimates, they cannot be considered as factual information, merely an approximation to our best ability. A delay of any kind in the delivery of a customer’s service/product does not entitle the customer to a refund or compensation, but we will always do our best to meet our estimations.

If you use parts of or our entire Terms of Service and/or Privacy Policy for your services you do so at your own discretion and with no liability to GENEXTHOST.

GENEXTHOST reserve the right to ask for proof of identity and address at any time for any reason. If you are unable to supply the requested documents, your service may be subject to suspension or termination immediately. The only accepted documents are: Government issued documents, such as passports, identity documents, driver licenses, military issued ID, tax registration/notice letters, business registration etc. OR Utility bills, as well as bills for telephone services, internet services, cable/satellite television services, credit/debit card statements etc.

Privacy
Agreement/acceptance of our terms of service also constitutes acceptance of our privacy policy.

Complaint Procedure
Should you be unsatisfied with the service provided by DK Internet Services Limited, you can open a support ticket and request that a manager review the ticket. A manager will contact you within 24 hours. You can email us at support@co.uk, or call us on 0844 357 6 357. If you are unsatisified with the initial response to your complaint please e-mail escalations@co.uk and a senior member of staff will review your complaint.

Modification
These Terms of Service and Privacy Policy may be modified at any time by GENEXTHOST without prior notice and with immediate effect. Your continued use of the service will be deemed consent and agreement to any such amended Terms of Service or Privacy Policy. If you do not wish to continue to use the service as a result of any such amended Terms and Policies, you must provide notice of your wish to terminate your use of the service.