Terms of Use

Update on 2022

This page tells you the terms of use on which you may make use of our website https://hostex.io and its subdomains ("Website") and our Mobile App ("App"), whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the Website and App. By using our Website and App, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Website or App.

Hostex Website and App are operated by XG Inno. Limited. ("We").

Accessing our Service

We reserve the right to amend the information or withdraw the services we provide on our Website and App without notice. We will not be liable if for any reason our service is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our service. You are also responsible for ensuring that all persons who access our service through your internet connection are aware of these terms, and that they comply with them.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Website and App (including but not limited to the services other intellectual property rights offered on or via the Website and App) and in the material published on it. Those works are protected by copyright laws, and treaties around the world. All such rights are reserved.

You may print off one copy, copy and may download extracts, of any page(s) from our Website and App for your personal reference and you may draw the attention of others within your organisation to material posted on our Website and App.

You must not modify the paper or digital copies of any materials you have printed off copied or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Website and App must always be acknowledged.

You must not use any part of the materials on our Website and App for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Website and App in breach of these Terms of Use, your right to use our Website and App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made whether modified or unmodified.

Our Website changes regularly

We aim to update our Website and App regularly, and may change the content at any time. If the need arises, we may suspend access to our Website and App, or close it indefinitely. Any of the material on our Website and App may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our Website and App is provided without any guarantees, conditions or warranties as to its accuracy or completeness. To the extent permitted by law, We, other members of our group of companies and third parties connected to us, hereby expressly exclude:

  • all conditions, warranties and other terms which might otherwise be implied by statute, law or otherwise;
  • any liability whatsoever incurred by any user in connection with our Website and App or in connection with the use, inability to use, or results of the use of our Website and App, any websites linked to it and any materials posted on it, including, without limitation any liability for: direct, indirect or consequential loss or damage;
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by infringement of general laws (including the omission to act in accordance with reasonable carefulness), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Uploading material to our Website and App

Whenever you make use of a feature that allows you to upload material to our Website or App, or to make contact with other users of our Website and App, you must comply with the Content Standards set out below. You confirm that any such Contribution does comply with those standards, and you indemnify us for any failure to comply.

Any material you upload to our Website and App will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website and App constitutes a violation of their intellectual property rights, breach of their confidential information or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website and App.

We have the right to remove any material or posting you make on our Website and App if, in our opinion, such material does not comply with the Content Standards set out below.

Prohibited uses

You may use our service only for lawful purposes. You may not use our Website and App:

  • in any way that breaches any applicable law or regulations;
  • in any way that is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm any individual in any way;
  • to send, receive, upload, download, use or re-use any material which does not comply with our Content Standards set out below;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • to create liability for us in any way; or in any way that causes us to lose (in whole or in part) the services of our ISPs or other suppliers; and
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • provides false information to "Hostex" or deceives "Hostex" to fulfill their personal interests, even if it does not damage "Hostex's" rights and or interests.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of our Website and App in contravention of any of the provisions in these Terms of Use;
  • not to access without authority, interfere with, damage or disrupt:
    • any part of our Website and App;
    • any equipment or network on which our Website and App are stored;
    • any software used in the provision of our Website and App; or
    • any equipment or network or software owned or used by any third party.
  • Viruses, hacking and other offences
  • You must not misuse our Website and App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious, technologically harmful or designed to disrupt the current operation of our Website and App. You must not attempt to gain unauthorised access to our Website and App, the server on which our Website and App is stored or any server, computer or database connected to our Website and App. You must not attack our Website and App via a denial-of-service attack or a distributed denial-of service attack;
  • The total number of "channel listings" of all "channel accounts" linked to each main account (your Hostex account) should not exceed the "number of paid properties (or the number of properties you have created in the system for free version)" multiplied by 12 in "Hostex";
  • to create liability for us in any way; or in any way that causes us to lose (in whole or in part) the services of our ISPs or other suppliers; and
  • In the "Hostex's" system, when the "number of paid properties (or the number of properties you have created in the system for free version)" is less than 20, the number of "channel accounts" linked to each main account(your Hostex account) should not exceed 20; when the "number of paid properties (or the number of properties you have created in the system for free version)" is greater than or equal to 20, the number of "channel accounts" linked to each main account(your Hostex account) should not exceed the "number of paid properties (or the number of properties you have created in the system for free version)", and the maximum number should not exceed 200;
  • In "Hostex's" system, the total number of "chat messages" within 24 hours should not exceed "number of paid properties (or the number of properties you have created in the system for free version)" multiplied by 100.

We may report any breach under these Terms of Use to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and App will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website and App or to your downloading of any material posted on it, or on any website linked to it.

Linking and framing

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Website or App must not be framed on any other Website or App, nor may you create a link to any part of our Website or App other than the home page. We reserve the right to withdraw linking permission without notice. The Website or App from which you are linking must comply in all respects with the Content Standards.

If you wish to make any use of material on our Website or App other than that set out above, please address your request by email to [email protected].

Links from our Website

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. If you use these links, you will leave our Website. We have not reviewed these third party websites and we have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or make any warranties or representations about the other websites, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our Website, you do this entirely at your own risk.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Terms of Use. Where a breach has occurred, we may take such action as we deem appropriate.

Failure to comply with these Terms of Use constitutes a material breach of the terms upon which you are permitted to use our service, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our Website and App;
  • immediate, temporary or permanent removal of any posting or material uploaded by you to our Website and App; issue a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you;

disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

Jurisdiction and Applicable Law

China courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These Terms of Website Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of China.

Variations

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website.

Thank you for visiting our Website.

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