1. Definitions

For the purposes of this Agreement, the following terms shall have the meanings set out below:

• "Agreement" — these Terms & Conditions together with any annexes, policies, or order forms incorporated herein by reference.
• "Client", "You", "Your" — the individual or legal entity purchasing Services from EXIMHOST LIMITED.
• "Services" — any VPS (Virtual Private Server), Dedicated Server, additional IP addresses, bandwidth, storage, licences, or related hosting services provided by EXIMHOST LIMITED.
• "Stripe" — our third-party payment processor, Stripe Payments Europe, Ltd.
• "AUP" — the Acceptable Use Policy set out in Section 7 of this Agreement.
• "SLA" — the Service Level Agreement governing uptime guarantees and support response times, set out in Section 9.
• "Client Area" — the online management portal accessible at www.eximhost.com/clientarea.

2. Acceptance of Terms

By accessing www.eximhost.com, creating an account, or purchasing any Service, you confirm that you have read, understood, and agree to be legally bound by this Agreement in its entirety. If you do not agree, you must not access or use any of our Services.

EXIMHOST LIMITED reserves the right to amend these Terms at any time. The current version will always be published at www.eximhost.com/terms-conditions. Your continued use of Services following the posting of changes constitutes your acceptance of the revised Terms.

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age, or have obtained verifiable parental or guardian consent;
• Have the legal authority to enter into binding contracts;
• Provide accurate, current, and complete information during registration and maintain its accuracy throughout the term of this Agreement;
• Maintain the confidentiality of your Client Area credentials and be solely responsible for all activity carried out under your account.

4. Services Offered

EXIMHOST LIMITED provides the following hosting solutions:

4.1 Virtual Private Servers (VPS)

• KVM and LXC virtualisation technologies
• Root access (unmanaged by default) or optional Managed add-on
• Guaranteed resources: dedicated CPU cores, RAM, SSD/NVMe storage, and monthly bandwidth allocation
• IPv4 and IPv6 addresses included; additional IPv4 subject to RIPE justification
• Linux and Windows Server operating systems available

4.2 Dedicated Servers

• Physical bare-metal servers with 100% dedicated hardware resources
• Out-of-band remote management included on most plans (IPMI / iDRAC / iLO)
• Hardware replacement SLA: 4–24 hours depending on plan tier
• Custom hardware configurations available upon request

4.3 Additional Services

• Control panel licences: cPanel, Plesk, DirectAdmin
• Offsite automated backups (optional monthly add-on)
• DDoS mitigation and scrubbing (up to 1 Tbps)
• Additional IPv4 addresses (subject to availability and RIPE/ARIN justification policy)
• SSL certificates and domain registration

5. Account Registration and Security

You must register an account prior to placing any order. By registering, you agree to:

• Provide truthful, complete, and current contact and billing information;
• Update your account information promptly when it changes;
• Notify EXIMHOST LIMITED immediately of any unauthorised access to your account at [email protected];
• Accept full responsibility for all activities, transactions, and actions performed under your account, whether authorised by you or not.

EXIMHOST LIMITED reserves the right to refuse, suspend, or terminate any account that is associated with fraudulent, deceptive, or suspicious activity, without prior notice and without liability.

6. Payment Terms

All prices are displayed in USD, EUR, or GBP (as selected at checkout) and are exclusive of applicable taxes including VAT, GST, and sales tax, which will be added where legally required.

6.1 Payment Processing (Stripe)

EXIMHOST LIMITED uses Stripe as its sole payment gateway. By submitting an order, you authorise Stripe to charge your selected payment method on a one-time or recurring basis according to your chosen billing cycle. EXIMHOST LIMITED does not store, process, or transmit full payment card numbers. All card data is tokenised and processed by Stripe in accordance with PCI DSS standards.

6.2 Billing Cycles

• Available billing terms: monthly, quarterly, semi-annual, and annual
• Invoices are generated 7 calendar days before the due date
• Payment is due on the invoice due date; no grace extensions are automatically granted

6.3 Late Payments and Service Suspension

• 3 days past due: A late fee of £5 or 5% of the outstanding balance (whichever is greater) may be applied
• 5 days past due: Service suspended — network access disabled; all data retained for 14 days
• 14 days past due: Service terminated — all data permanently and irreversibly deleted

6.4 Chargebacks and Payment Disputes

7. Acceptable Use Policy (AUP)

The following activities are strictly prohibited on all EXIMHOST LIMITED infrastructure. This list is illustrative and not exhaustive.

7.1 Illegal Content

• Child sexual exploitation or abuse material (CSAM) — zero tolerance; immediately reported to the National Crime Agency (NCA) and IWF
• Pirated software, warez, crack sites, or any content infringing intellectual property rights
• Content prohibited under the laws of England and Wales or the jurisdiction of the hosting location

7.2 Network Abuse

• Sending unsolicited bulk email (spam, UBE, UCE)
• Operating open mail relays, open proxies, or Tor exit nodes without prior written approval
• SYN flooding, UDP flooding, ICMP flooding, or any form of DDoS attack originating from your server
• Port scanning or probing third-party systems without documented authorisation
• Hosting botnet command & control (C2) infrastructure

7.3 Malicious Software

• Distribution of malware, ransomware, spyware, or rootkits
• Hosting phishing pages, credential harvesters, or fraudulent login portals
• Cryptojacking or unauthorised cryptocurrency mining
• Deployment of automated brute-force tools against third-party systems

7.4 Resource Abuse

• Sustained 100% CPU utilisation exceeding 12 consecutive hours on shared-hypervisor VPS plans
• Cryptocurrency mining on VPS plans not designated for mining workloads
• Exceeding allocated monthly bandwidth; overage charges apply at £0.04/GB

7.5 AUP Enforcement

Violation Severity	Action Taken
First offence (minor)	Written warning; 24-hour suspension pending remediation
Second offence or repeated violation	Permanent account termination; no refund issued
Severe violation (CSAM, DDoS, phishing)	Immediate termination; permanent IP ban; referral to law enforcement

8. Server Management Responsibilities

8.1 Unmanaged Services (Default)

Unless you have purchased the Managed add-on, all VPS and dedicated server products are provided unmanaged. You are solely and exclusively responsible for:

• Operating system installation, updates, and security patching
• Firewall configuration (iptables, nftables, CSF, UFW, Windows Firewall)
• Intrusion detection, prevention, and incident response
• Creation, scheduling, and testing of backups and disaster recovery
• Application-layer security (web servers, databases, mail servers, etc.)

EXIMHOST LIMITED's responsibility on unmanaged services is strictly limited to physical hardware maintenance and network-level troubleshooting. We will not log into, diagnose, or remediate software issues on unmanaged servers except under a paid support engagement (£30/hour, minimum 1 hour).

8.2 Managed Services (Optional Add-on)

The Managed add-on includes:

• Application of OS-level security patches (kernel, OpenSSL, system libraries)
• Basic uptime monitoring (ICMP ping and TCP port checks)
• Initial response to critical service outages (e.g., web server or database crash) within 4 business hours

The Managed add-on does not include: custom application development, complex firewall rule creation, third-party script management, or data migration services.

9. Service Level Agreement (SLA)

9.1 Network Uptime Guarantee

EXIMHOST LIMITED guarantees 99.9% network availability measured per calendar month. The following are expressly excluded from uptime calculations:

• Scheduled maintenance windows (minimum 72 hours' advance notice given)
• DDoS attacks exceeding our deployed mitigation capacity
• Events of force majeure (natural disasters, acts of war, major fibre network outages)
• Failures caused by Client software, configuration, or misuse

9.2 Service Credit Schedule

Monthly Uptime Achieved	Service Credit (% of Monthly Fee)
99.0% – 99.89%	10%
95.0% – 98.99%	25%
Below 95.0%	50%

Credits must be requested via support ticket within 7 calendar days of the incident. Credits are applied to account balance only and are not redeemable for cash.

9.3 Hardware Replacement SLA (Dedicated Servers)

Component	Target Replacement Time
Hard drive or SSD (RAID environment)	Within 4 hours
RAM module or Power Supply Unit	Within 24 hours
Motherboard or CPU	Within 48 hours

10. Backups and Data Loss

• VPS: Optional automated offsite backups available as a paid monthly add-on. Without this add-on, no backups exist.
• Dedicated Servers: No backup service is included. Clients must implement their own backup solution (e.g., rsync, Borg, Veeam).
• In the event of hardware failure, EXIMHOST LIMITED will make a reasonable effort to recover data but makes no guarantee of successful recovery.
• We strongly recommend maintaining a minimum of two independent, geographically separated backup copies at all times.

11. Cancellation and Termination

11.1 Voluntary Cancellation by Client

• Cancellation requests must be submitted via the Client Area: Services → My Services → Request Cancellation
• VPS: Effective at the end of the current billing period; no pro-rated refund unless within the 7-day money-back window
• Dedicated Servers: Requires a minimum of 7 days' advance written notice to avoid the subsequent month's invoice

11.2 Termination by EXIMHOST LIMITED

We may immediately terminate your account, without refund, if you:

• Violate any provision of the AUP (Section 7)
• Fail to settle an outstanding balance within 14 days of the due date
• Provide materially false identity or payment information during registration or order
• Engage in or facilitate attacks against our network infrastructure or other clients

11.3 Consequences of Termination

• All data stored on your VPS or dedicated server will be permanently deleted within 7 days of termination
• No refund will be issued for any unused prepaid service period unless required by applicable law
• You are solely responsible for exporting or migrating your data prior to termination taking effect

12. Limitation of Liability

To the maximum extent permitted by the laws of England and Wales:

• EXIMHOST LIMITED's total aggregate liability for any claim arising under or in connection with this Agreement shall not exceed the total fees paid by you to EXIMHOST LIMITED during the 3 calendar months immediately preceding the event giving rise to the claim.
• EXIMHOST LIMITED shall not be liable for any indirect, consequential, incidental, or special damages, including but not limited to: lost revenue, lost profits, loss of data, loss of business opportunity, or reputational harm.
• No action, claim, or proceeding may be brought against EXIMHOST LIMITED more than 12 months after the date on which the claimant first became aware, or ought reasonably to have become aware, of the relevant cause of action.

13. Indemnification

You agree to fully indemnify, defend, and hold harmless EXIMHOST LIMITED and its directors, employees, contractors, and affiliates from and against any and all third-party claims, demands, actions, losses, damages, penalties, fines, and costs (including reasonable legal fees) arising from or relating to:

• Your breach of any provision of this Agreement or the AUP;
• Your infringement of any third-party intellectual property, privacy, or other legal rights;
• Any malicious code, network attack, spam, or abuse originating from your server or account.

14. Governing Law and Dispute Resolution

This Agreement is governed by and construed in accordance with the laws of England and Wales.

In the event of any dispute arising out of or in connection with this Agreement, the parties shall first attempt to resolve the matter through good-faith negotiation for a period of 30 days following written notification of the dispute. If the dispute cannot be resolved by negotiation, it shall be submitted to binding arbitration in London, England, conducted in the English language under the rules of the London Court of International Arbitration (LCIA). Each party waives any right to participate in class-action proceedings.

15. Contact Information

Department	Contact
Legal & Abuse Reports	[email protected]
Billing & Refunds	[email protected]
Technical Support	[email protected]
Legal Notices	[email protected]
Security Incidents	[email protected]