Terms Of Service (TOS)
This agreement is for the protection of our customers
and systems and is fairly
standard legal-ese. Its main purpose is to prevent
illegal or abusive practices.
30 Day
Money Back Guarantee on All Hosting Plans and Products.
Downloaded Products and Software Agreement.
Disclaimer and Terms of Service vary on downloaded products please read the legal and disclaimer information on the product once you receive it
YEARLY Accounts: Charges refunded on a PRORATED basis on
cancellation.
Ecityweb Hosting Service Agreement
Ecityweb Hosting seeks to provide you with top quality
technology and service thus allowing you the opportunity to administer your own
web site on the World Wide Web (WWW) in the most efficient and effective way
possible. We continually upgrade our servers, network, and support to help you
achieve your goals in hosting.
Ecityweb Hosting (CWH) reserves the
right to refuse service to anyone at any time. However, if CWH should deem it
necessary to initiate termination of services with you, CWH specifically agrees
to provide reasonable access to you in order to allow you to download any files
which may still reside on the web site or server being removed from the network.
In no event shall Ecityweb Hosting be liable for any loss, loss of data, or
other commercial damage, including but not limited to special, incidental,
consequential or other damages, which result from this termination of
services.
Web-site Content. Your
content will remain on your virtual or dedicated server and is not
available to any other entity. You have the right to retain on your
virtual or dedicated server: any and all files that you seek to hold
that do not violate the following rules. Customers are prohibited from
transmitting on or through any of Ecityweb Hosting 's services, any
material that is, in Ecityweb Hosting 's sole discretion: unlawful,
obscene, threatening, abusive, libelous, encourages criminal mischief,
gives rise to civil liability, or otherwise violates any local, state,
federal, or international law and/or treaties. In short, Ecityweb
Hosting 's services may only be used for lawful activities.
Ecityweb Hosting does not allow connection to, or use of, any software or 'bots' for IRC or the
reselling of 'shell accounts'. These are deemed as a high security risks and if
found will result in account suspension or termination with no refunds under any
circumstances.
Pornography: Ecityweb Hosting has a zero
tolerance policy on pornography that violates local, state, federal, or
international law. This includes, but is not limited to, child
pornography, bestiality, hard-core pornography, and others not
allowed by law. Ecityweb Hosting does not seek to abridge any
users rights, but we uphold any and all laws applicable to the content
of sites hosted on our servers and/or network. Ecityweb Hosting
reserves the right to deny service without cause for sites with adult
content that we deem violates local, state, or federal law.
Ecityweb Hosting does take an active role in monitoring all sites
via the web for content that does not comply with the preceding
guidelines. Ecityweb Hosting specifically retains the right to
make the final decision in any matter relating to site content. If you
wish to seek virtual or dedicated hosting services with Ecityweb
Hosting and you are concerned about content, please send your
concerns to our Sales team: contact@ecityweb.net.
Network. Our servers were designed to
give you the maximum freedom of administration and access to the Internet at the
lowest cost available. Our network usage is open to all Ecityweb Hosting users.
High Network traffic or throughput is not a problem at Ecityweb Hosting , but
extreme network traffic or extreme uploading and downloading can create
problems. Your maximum throughput allowed by your website is an estimate of your
usage. You are allowed to exceed your maximum usage without being shut off. You
will be billed for the additional throughput on your next billing cycle. Please
help Ecityweb Hosting plan for the future and popularity of your website. If
you know in advance due to advertising, publicity, or general interest that your
throughput will exceed 2 times the amount allowable by your plan, please contact
us at contact@ecityweb.net This will ensure no downtime and maximum
availability of your website at all times. We can upgrade you to another service
plan or make other arrangements to save you money and to ensure your site is
available at all times.
Ecityweb Hosting customers may not use our
network to circumvent user authentication or security of any host, network, or
account. This includes, but is not limited to, accessing data not intended for
the customer, logging into a server or account the customer is not expressly
authorized to access, password cracking, probing the security of other networks
or directly violating the security policy of another organization. Customers are
also not allowed to interfere or deny service to any user, host, or network by
flooding, mail bombing, or attempts to overload or crash the host network. Any
violation of the network guidelines set forth will result in deactivation of
your virtual or dedicated server for resolution.
Mass Mailings. Ecityweb Hosting has a zero tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail message, 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 or invited the message. UCE 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 the Ecityweb Hosting servers and/or network. Violation of the above terms will result in one or all of the following:
Repeat violation of the above terms will result in the following actions: If your actions have caused Ecityweb Hosting servers or IP Addresses to be placed on ANY blackhole lists and other mail filtering software systems used by ISP’s and Web Hosting companies around the world, you will be assessed a $1000 USD charge to your account and $250 USD per hour for administrative charges incurred to remove and protect our servers and/or IP Addresses. If you have further questions about our mass mailing policy, please send them to contact@ecityweb.net. If you want to report abuse by one of our users, please send the e-mail to contact@ecityweb.net. Mailing Lists: Our mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. Our policy is the following: An acceptable mailing list will be focused at a target 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. Your own list servs in which customers have signed up for in the past, is a valid mailing list. If one of your members asks to be removed, please remove them as soon as feasibly possible. Internally created mailing lists are valid as long as your customers agree to receive the e-mail. Purchased mailing lists are generally a violation of the rules because you have not received authority from the recipient to send them an e-mail. The final rule to all mailing lists is simple: if your customers begin to send spam complaints to Ecityweb Hosting about your e-mail, you will be bound to the terms of mass mailings listed above. If you have direct questions in reference to mailing lists, please send your question to contact@ecityweb.net. Password Protection: Ecityweb Hosting will turn over the administrative username and password for your account at the commencement of the contract. This username and password will be kept in your confidence throughout the contract term. Copyright Infringement – Software Piracy: During the term of the hosting contract, Ecityweb Hosting grants Customer a non-transferable, non-exclusive license to use the Software, in object code form only, for its internal needs, to be used solely on the Hardware provided, and solely in conjunction with the Services. Customer agrees that it will not, directly or indirectly copy the Software, except as is necessary to install on Hardware and for internal, archival purposes. In the event Customer makes any copies of the Software, Customer shall reproduce all proprietary notices on such copies; reverse engineer, decompile, disassemble, modify or otherwise attempt to derive source code from the Software; sell, lease, license, transfer, give possession of, or sublicense the Software or the documentation to others; write or develop any derivative or other software programs, based, in whole or in part, upon the Software or any Confidential Information. The location of third party software found in your home directory that violates Copyright law is prohibited. Ecityweb Hosting will work with the appropriate authorities in locating and removing any and all software that is deemed to be used in violation of a valid software license. Please do not locate, use, install, execute, or store software that you do not own a valid software license to, on Ecityweb Hosting servers. Violators will be terminated immediately and referred to law enforcement authorities. IP Addresses: Ecityweb Hosting MAY assign and allow the use of IP addresses to the customer for the length of the contract. These IP addresses are the sole property of Ecityweb Hosting or its network provider, are non-portable, and will be retained after service has ceased. Ecityweb Hosting does reserve the right to change the customer IP address designation at any time. The use of an IP Address outside of your assignment by Ecityweb Hosting will result in a $250 per hour administrative fee to restore correct IP addressing. This is also viewed as a breach of network security and your account will be taken offline until the problem is resolved. Administrative fees will be billed to your account the following business day. Suspension: Ecityweb Hosting specifically reserves the right to suspend network service to your account at our discretion. Suspension will only occur for violation of our AUP, non-payment for services, or by request of legal authorities with proper legal documents. Suspension will only occur for the absolute minimal amount of time to resolve the issue at hand. SERVICE INTERRUPTIONS. Customer understands and agrees that occasional temporary interruptions of any Internet Services may occur as normal events in the provision of the Internet Services. Ecityweb Hosting agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will Ecityweb Hosting be held liable for any financial or other damages due to such interruptions. In no event shall Ecityweb Hosting be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Governing Law and Forum. This Agreement shall be governed and interpreted according to United States Law. For all disputes arising out of or related to this Agreement or Service Orders, the parties irrevocably consent to the exclusive jurisdiction of the Courts of the United States. Customer’s address for purposes of service of process shall be the address designated for notices in this Agreement. In connection with all actions in which Ecityweb Hosting is awarded amounts due from Customer, Ecityweb Hosting shall be awarded (either in that action or by way of a separate action) its costs and expenses of litigation (including reasonable attorneys’ fees), through trial and appeal. Ecityweb Hosting may at its sole discretion seek leave to conduct any legal process as described herein in any jurisdiction of any country where a customer or defendant cannot otherwise be brought to order under the laws of the United States. LIMITATION OF LIABILITY. Ecityweb Hosting ’s liability (including, for purposes of this paragraph only, any of its employees, agents, or representatives), to Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or Service Orders or the provision of any Services under Service Orders (including, without limitation maintenance and support) shall be limited to the amount of fees paid by Customer to Ecityweb Hosting under this Agreement within one year preceding the date Customer contends its claim arose. In no event shall Ecityweb Hosting be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if Ecityweb Hosting has been advised of, or is aware of, the possibility of such damages. DISCLAIMER OF WARRANTIES.
Ecityweb Hosting specifically disclaims all implied warranties,
including but not limited to, the implied warranties of merchantability
and fitness for a particular purpose. Except as otherwise provided in
this Agreement, any written materials by Ecityweb Hosting , or
information on Ecityweb Hosting ’s web site, shall be for
informational purposes only and, whether delivered or disseminated
before or after the date of this Agreement, shall not create any
express or implied warranties, guarantee of performance, or contractual
obligations. Ecityweb Hosting also reserves the right to change
prices for no reason, and at any time. End Service
Agreement |