Terms of Service

Last Modified: 1st of January 2024

Billing PortalDiscord Server

1. Introduction

The Terms of Service ("The Agreement") constitute a legal agreement between XANROS, trading under TitaniteNode LTD ("XANROS," "us," "we," or "our"), and you ("Customer," "user," "you," "your"). This Agreement outlines the general terms and conditions governing your use of the products and/or services provided by XANROS and the xanros.com website. By utilising our products and/or services, you acknowledge and agree to be bound by the terms of this Agreement, as well as all applicable laws and regulations. If you do not consent to abide by these terms, you are not authorised to use or access our products and/or services.

We retain the right to partially or entirely modify any policy, section, or portion of the Agreement at any time, at our sole discretion. We will make reasonable efforts to provide notice of any changes to the Agreement, such as by posting a notice on our website or sending an email to users. Your continued use of our products and/or services following any modification to the Agreement indicates your acceptance of these changes. If you disagree with any alterations to the Agreement, kindly discontinue the use of our products and/or services. By accepting the Agreement, you are also agreeing to our Privacy Policy.

2. Your Account

We reserve the right to terminate your account at any time if you are found in violation of the Agreement. Termination will result in the cessation of your account and associated products and/or services.

Our products and/or services are not intended for use by children under the age of 13. We do not knowingly collect or store any personal information from children under the age of 13. If you are a parent or guardian and believe that your child has provided us with personal information without your consent, please contact us so that we can take the necessary steps to remove the information from our systems.

It is your responsibility to provide accurate, current, and complete information. We will use the primary email address associated with your account for communication. Ensure that your account's contact information is correct and complete at all times. Providing false information may lead to the termination of your account and its services. In some cases, you may be required to provide government-issued identification and possibly a scan of the bank statement for verification. Failure to provide the requested information will result in the denial and cancellation of your order.

You may request the deletion of your account and its associated data. However, we require the account to be inactive for at least 90 days for such a request to be approved. Inactivity is defined as not ordering or renewing any (paid) services, products, and/or account credit within the specified time frame.

3. Services, Orders and Payments

We reserve the right to shut down, suspend, terminate, or deny access to any product and/or service, with or without reason, and with or without advance notice. We are not responsible for any data loss related to the termination of products and/or services.

All services and/or products ordered from us will not be activated until payment has been received and verified as non-fraudulent. Payment verification is mostly automatic but may require manual review in rare circumstances.

When ordering a product and/or service from us, you are only receiving a licence and/or renting the product and/or service. All services and/or products remain our property.

All services and/or products are subject to software limitations and physical hardware limits.

We reserve the right to deny and/or cancel any order with or without reason.

Invoices for products and/or services will be generated seven (7) days before the due date. The client is expected to pay the invoice in full before the expected due date. Products and/or services will be suspended two (2) days after the due date if the invoice remains unpaid and terminated no later than seven (7) days after the invoice due date if the invoice remains unpaid. We reserve the right to terminate services and/or products and remove data associated with any service and/or product with an overdue invoice at any time.

If you have registered a payment method (Credit/Debit Card or PayPal Billing Agreement) with us, our system will automatically attempt to charge any outstanding invoices five (5) days before their due date, unless there is an outstanding cancellation request at the time of the charge attempt. If we fail to charge the provided payment method, we will re-attempt every twenty-four (24) hours until it has been seven (7) days after the due date. You may request us to disable this feature from your account at any time by submitting a support ticket to our billing department.

All billing-related functions and processes operate in the GMT timezone unless explicitly stated otherwise by us. This includes but is not limited to invoicing, service due dates (billing cycles), suspensions, cancellations, and terminations.

4. Refunds

We offer a 24-hour money-back guarantee for new customers on our Shared Web Hosting Services and Reseller Web Hosting Services. To request a refund through this policy, the customer must open a ticket within our client area 24 hours from the initial activation date of the product and/or service. Refunds for existing customers are issued at the sole discretion of XANROS.

No refunds will be provided if your account and its products and/or services are terminated due to a chargeback, dispute, or claim.

No refunds will be provided for the remainder of the billing cycle if you decide to issue a cancellation request for a product and/or service.

No refunds will be provided if your account and its products and/or services are terminated due to a violation of the Agreement.

Refunds issued for billing errors are made on a per-case basis and at our sole discretion.

We reserve the right to deduct any payment processor fees from the amount refunded, as, in some cases, the payment processor will not remove these fees from us even after cancelling and refunding the original payment.

Account credit is non-refundable.

5. Chargebacks

Any chargeback, dispute, or claim filed against us will result in the immediate and permanent termination of all products and/or services associated with the customer's account and the account itself, regardless of the outcome of the chargeback, dispute, or claim.

We take chargebacks and disputes seriously and consider them to be a breach of our terms of service. Customers who file chargebacks or disputes will be permanently banned from using our products and/or services and may face legal action in cases of fraud or abuse.

6. Cancellations

To cancel any service and/or product, you must issue a cancellation request within our billing area. Additionally, you must manually cancel any active PayPal subscriptions created when ordering your service and/or product. We do not have access to deduct funds from your PayPal account and will not be held responsible for automated payments made via PayPal subscriptions.

Service End of Billing Cycle cancellation requests are processed on the due date of the service at 00:00 AM, once its last billing cycle has ended. Service Immediate cancellation requests are processed at our discretion but are usually completed within the following 24 hours after being submitted.

7. Data Loss and Backups

We may incorporate multiple features, such as RAID proactive disk monitoring and backups, to mitigate the risk of data loss on our products and/or services. However, you are ultimately responsible for your data stored on our products and/or services. We shall not be held responsible for any data loss, regardless of the cause.

Manual or automatic backups may be made available to the customer on certain services as part of their service plan or as an additional service. However, while we incorporate multiple features to ensure reliability in our backup system, the availability of these backups is not guaranteed nor is covered by our SLA policy.

Backup restorals are provided free of charge for active services. When available, backup restorals for services that are no longer active (i.e., suspended, cancelled, or terminated) will incur a flat one-time fee of GBP 5.00 per backup restore request.

8. Our Site

We reserve the right to modify any information on the site at any time, with or without advance notice.

We are not responsible if any information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information.

9. Modifications to the Products and/or Services

We reserve the right to update the pricing and/or specifications of any product and/or service at any time, with or without advance notice.

We reserve the right to discontinue any product and/or service at any time, with or without advance notice.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of any product and/or service.

10. Legal Obligations

While we strive to provide a reliable and secure platform for our products and/or services, we do not claim responsibility and/or liability for the content that users choose to host on their accounts. However, we do reserve the right to take action against any content that violates our terms of service, including removing the content and terminating the user's account.

It is important to note that users are ultimately responsible for the content they host and share through our products and/or services. Any legal liability arising from the hosting or sharing of content is the sole responsibility of the user who uploaded the content. We encourage users to review our terms of service carefully and to use our products and/or services responsibly.

11. Liability

Under no circumstances shall we be held liable for any damages, including but not limited to downtime or data loss, incurred by the client through the use of our products and/or services. Our maximum combined liability to a client for any service shall not exceed 100% of the product and/or service fee for that specific month.

12. Denial of Service Attacks

We may incorporate multiple protection methods against Denial of Service Attacks. However, we are not liable for any downtime caused by a DDoS (Distributed Denial of Service) or DoS (Denial of Service) attack. If a DDoS or DoS attack is targeted at a specific customer's product and/or service for an extended period and affects other customers' products and/or services, we may suspend it until further notice or resolution.

13. Support

Any support request must be submitted through your client area using tickets. We are not obligated to provide technical support via live chat, social media, or other unofficial contact methods.

14. Acceptable Use Policy

Any attempt to undermine, cause harm, or gain unauthorised access to a server on our network is strictly prohibited. As our customer, you are responsible for all your accounts and actions.

We reserve the right to suspend or terminate any service found in violation of our Acceptable Use Policy.

We believe in second chances. If a violation procedure is not specified, our standard approach is to first suspend your service. A ticket will be opened through our client area, detailing the offence and the necessary steps to resolve the situation. Once the customer acknowledges understanding how to correct the problem, the service will be reactivated, and the customer will have 24 hours to prevent further abuse. If further violations occur, we will terminate the customer's service without the right to receive a refund.

Our products and/or services must only be used for their intended purpose. Any data constituting illegal material is strictly prohibited on our servers. Examples of illegal and obscene materials include but are not limited to child pornography, pirated software, fraudulent websites, or threats.

The terms 'unlimited' or 'unmetered' do not truly define unlimited. Our servers reserve, split, and distribute resources evenly among all clients. We reserve the right to suspend or terminate a service found to be using an excessive amount of disk space.

15. Service Level Agreement (SLA)

We aim to make our services available at least 99.99% of any given month. Should services become unavailable for more than 0.01% of any month, clients may request compensation.

Our SLA only covers interruptions for the following directly purchased services, not those acquired through a reseller:

Shared Web Hosting Services.

Reseller Web Hosting Services.

Our SLA applies specifically to the following types of interruptions:

Network: We guarantee our network will be available to all applicable services at least 99.99% of any given month.

Hardware: We guarantee our physical hardware will be available to all applicable services at least 99.99% of any given month.

Our SLA does not apply under the following circumstances:

Planned Maintenance: We announce all planned maintenance in advance via email and/or on our website, so this is not covered.

Software Errors/Failures: We do not cover errors, crashes, or service interruptions caused by software

Interruptions Caused by the Client: Issues caused by the client, such as interruptions caused by installing third-party files/plugins and software or custom scripts, are not covered.

Third-Party Products and/or Services: We do not cover issues and/or interruptions on any third-party provided service.

DDoS / DoS Attacks: Networking issues resulting from DDoS or DoS attacks targeted at a customer's services are not eligible under any circumstances. Downtime resulting from attacks targeting other customers' services or our network, however, is covered by our SLA.

Customer Network Issues: We do not cover the inability to connect to our services due to issues on the customer's network side.

Exceeding Allocated Resources: Interruptions caused by the affected service using more resources than the assigned and available are not covered.

Service Suspension: We do not cover interruptions caused by service suspensions due to violations of our terms of service and/or overdue payments.

Acts of God: We do not cover interruptions caused by weather, natural disasters, or any other disaster outside of our control.

16. Compensation for Non-Compliance

In the event of non-compliance, the client will be compensated as follows:

For every hour of downtime, we will provide an extension to the affected service rounded up to the next day

Customers requesting compensation for downtime must open a ticket with our billing department within seven (7) days of the downtime incident to receive such an extension.

All SLA claims will be investigated, and the outcome will be decided at our sole discretion.

Any SLA claims we deem fraudulent will be rejected.

We reserve the right to deny any SLA claim if we believe the customer has purposely attempted to cause a service disruption.

17. Validity of SLA

Our SLA is only valid and available for direct clients of our company. We are not liable for any downtime caused by a reseller of our services

Intellectual Property Rights:

All intellectual property rights, including trademarks, service marks, and logos associated with XANROS, are the exclusive property of TitaniteNode LTD. Users are granted a limited, non-exclusive licence to use these intellectual property elements solely in connection with the services provided by XANROS.

Any unauthorised use, reproduction, or modification of XANROS' intellectual property is strictly prohibited.

18. User Responsibilities

Users are solely responsible for the content they host on XANROS servers and must ensure that it complies with all applicable laws and regulations.

Users agree not to engage in any activities that violate our Acceptable Use Policy or result in harm to other users or the XANROS network.

19. Indemnification

Users agree to indemnify, defend, and hold harmless XANROS, its officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, and expenses arising out of or related to the user's use of XANROS services.

20. Governing Law

This Agreement shall be governed by and construed by the laws of the United Kingdom, without regard to its conflict of law principles.

Any legal action or proceeding arising out of or relating to this Agreement shall be exclusively brought in the courts of the United Kingdom.

21. Company Information

XANROS is a trading name of TitaniteNode LTD, a company registered in England and Wales with company number 15056055. Our registered office is at TitaniteNode LTD, Unit C Aldow Enterprise Park, Blackett Street, Manchester, M12 6AE.

If you have any questions or concerns about our terms of service, please email us at [email protected].