Terms of Service
This Agreement is between Enwebhost and the person/persons who use our services. Please read carefully to ensure you understand our terms before purchasing any of our products or services:
Services
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Enwebhost of any unauthorized use of your account or any other breach of security. Enwebhost will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
Terms
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
Service Abuse
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Enwebhost will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Spam and Unsolicited Bulk Email (UBE): Enwebhost.com has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Enwebhost whether or not the message actually originated from our network.
Mailing Lists: Enwebhost's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Enwebhost and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Enwebhost's services may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Enwebhost or Enwebhost's customers.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
Enwebhost does not prohibit the use of distributed, peer to peer network services such as Tor, nor does Enwebhost routinely monitor the network communications of customer Enwebhosts as a normal business practice. However, customers are responsible for the contents of network traffic exiting their Enwebhost. Any usage that prompts the receipt of abuse complaints pertaining to violation of United States and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.
Payments
Renewal notices are emailed seven days before the actual renew date in your account. If your using a credit card you will not have to worry about manual payments. All accounts are set up on a pre-pay basis. If payment is not received within 3 days a %10 fee will be added. Enwebhost reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within 3 days of e-mail notice or exceeding this time frame in any way is subject to suspension. Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.
Initiating any charge-backs before already contacting us is considered a fraudulent action and your service will be terminated immediately. Enwebhost reserves the right to report your details to responsible authorities.
Monthly payments are not eligible for a refund. All annual payments are non refundable once the 30 day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service. Both monthly and annual payments are non-refundable if your account does not follow our terms of service.
Uptime
Enwebhost provides a 99.9% uptime guarantee on all Enwebhost hardware, and on network connectivity. In any given month, if your Enwebhost is down for more than 0.1%, you may request a pro-rated credit for the down-time.
Support
Enwebhost, provides 24 x 7 technical support to our subscribers via our Support Ticket system. The following are our guidelines when providing support: Enwebhost provides support related to your Enwebhost virtual server physically functioning. Enwebhost does not offer technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration, or any other such issue. Enwebhost does not provide technical support to your customers.
Account Cancellation or Suspension
Enwebhost reserves the right to suspend network access to any customer if, in the judgment of the Enwebhost network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which Enwebhost chooses. Enwebhost will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Enwebhost reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
If at any time it becomes necessary for Enwebhost to cancel a customer's service without cause, Enwebhost will provide 30 days advance notice.
You may cancel the service at any time by using the "Cancel Account" link located on the "My Accounts" sub-tab of the Enwebhost Manager. Accounts are canceled immediately after confirmation. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
Network
If Enwebhost assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Enwebhost, and Customer shall have no right to use that Internet Protocol address except as permitted by Enwebhost in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by ARIN's policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.
Limitation of Liability
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Enwebhost and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Enwebhost shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Enwebhost. Subscriber further acknowledges that Enwebhost's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Enwebhost be liable for any special or consequential damages, loss or injury. Enwebhost is not responsible for any damages your business may suffer. Enwebhost does not make implied or written warranties for any of our services. Enwebhost denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Enwebhost.
Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Enwebhost may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Enwebhost shall have the right to terminate all service set forth in this Agreement.
Disclaimer
You agree that your use of Enwebhost shall be at your sole risk. All services provided by Enwebhost are available as is, without warranty.
Indemnity
Enwebhost wishes to emphasize that in agreeing to the Enwebhost Terms of Service, customer indemnifies Enwebhost for any violation of the Terms of Service that results in loss to Enwebhost or the bringing of any claim against Enwebhost by any third-party. This means that if Enwebhost is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Enwebhost, plus all costs and reasonable attorney's fees.
Notice
You agree that Enwebhost may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Enwebhost services.
Agreement
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Enwebhost and govern your use of Enwebhost services, superceding any prior agreements between you and Enwebhost for the use of Enwebhost services.
Choice of Law and Forum
The Terms of Service and the relationship between you and Enwebhost shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Enwebhost agree to submit to the personal and exclusive jurisdiction of the courts located within New York.
Waiver
The failure of Enwebhost to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Enwebhost services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
