EcoHosting Inc.

Terms of Service

Introduction

General Provisions

Definitions

1. "We" "Us" "Provider" or "EcoHosting Inc." refers to EcoHosting Inc.; and
2. "You" "Your" "Client" or "Customer" refers to each person or entity who applies for internet service or is a designate of any one who applies for internet service with EcoHosting Inc.

Services Provided by EcoHosting Inc.

Customer Use of Services

1. Disk Space and Client Content: Accounts are to be used by the primary owner only. Account holders are not permitted to resell web-hosting services of their website to other parties unless they subscribe to a specific reseller account. Client agrees that webpages and files uploaded to our servers will not violate any provincial, federal or international laws or regulations; infringe on any intellectual property rights of EcoHosting Inc. or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to EcoHosting Inc. or any third party. Customers may not run IRC bots or clients. BitTorrent seeders, trackers and .torrent files are not allowed. Unacceptable uses of our service also include: Bulk emailing, unsolicited emailings, newsgroup spamming, copyrighted MP3s, illegal content, copyright infringement, trademark infringement, warez, cracks, or software serial numbers. EcoHosting Inc. will be the sole and final arbiter as to what constitutes a violation of this policy.
2. Bandwidth Usage: EcoHosting Inc. offers various amounts of data transfer based on the hosting package purchased. Sites that exceed their allocated bandwidth within the monthly period will first receive an email notification. Sites that consume over there monthly limit more than 3 times within a year will be asked to order an additional package or look into a dedicated hosting service.
3. Excessive Resource User Policy: Resources are defined as bandwidth and/or processor utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the resources available by using 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. EcoHosting Inc. will be the sole and final arbiter as to what constitutes a violation of this policy.
4. MySQL: The number of MySQL databases included is on a per package basis. These can be found on our cPanel administration page. Additional databases can be purchased for a monthly fee of $5/month/db. There is a 3 user limit per database and a  72,000 queries/user per hour limit.
5. No "Spam": UCE/UBE or "Spam" originating from an EcoHosting Inc. client account, or associated with an EcoHosting Inc. account, will not tolerated. This includes any e-mail that promotes web sites hosted on an EcoHosting Inc. account but is sent from an e-mail address not associated with that EcoHosting Inc. account. Client shall not use their EcoHosting Inc. services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such an emailing list. EcoHosting Inc. reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $100 clean up and reactivation fee if an account was suspended for our 'No SPAM' policy violation. There is a 300 Email limit that can be sent out within a 1 hour period unless an alternate arrangement is made with EcoHosting Inc. prior to sending.
6. Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client\'s use of the Services.
7. Back-Up Files: EcoHosting Inc. will make every reasonable effort to protect and backup data for Client on a regular basis, however EcoHosting Inc. does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is solely responsible for independent backup of data stored on Providers server and network. There is a one time fee of $45 for our Administrator to retrieve client\'s individual back-up files from our archives.
8. 99.9% Uptime: EcoHosting Inc. has a 99.9% average uptime across our entire network at large, which includes webservers, mailservers, and more - as a whole. The uptime percentage is calculated on a bi-annual basis. Client has the right to request compensation for a single month's worth of hosting fees per calculated uptime period. There is a maximum of 2 months worth of compensation that can be awarded in any given year.
9. Domain Name Registration: There is a $19.95/year fee (see our services section for specific pricing for various TLDs) for new domain name registrations. Domain names can be used or transferred to another registrar only if customers account is in good standing for with no balance due. If customer has a balance, it must be settled before domain name is released.

Payment Obligations, Renewals, and Cancellations

1. Payment Obligations: Full payment is required within 30 days start date on invoice or date invoice was issued. You grant EcoHosting Inc. the right to debit the credit card or account you provided on the Order Form for services you signed up for, until such service is cancelled by you in writing or is cancelled by EcoHosting Inc. according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that EcoHosting Inc. may require) is accurate and truthful. All payment-due notices will be sent by electronic mail. Bills or invoices can be sent by postal mail or fax upon request only. If payment is not received within 30 days of the renewal date, your account can be terminated. Termination is solely at the discretion of EcoHosting Inc. Once your account is terminated, you will need to pay any outstanding balance due on your account in full to reopen the account. There is a $30 fee for bounced checks and a $35 processing fee for chargeback\'s.

   EcoHosting reverves the right to suspend and/or cancel any and all services if a customers account is not in good standing. This may include but is not limited to web development services, web consulting, web programming, web design, domain registration, colocation, or any other service EcoHosting offers.

2. Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to EcoHosting Inc. fifteen (15) days before the renewal date that you do not wish to renew such account. Promotions are not included in renewals.
3. Cancellation: You may cancel at anytime. If you cancel before the first 30 days, please refer to the details under "Limited 30-day Money Back Guarantee." If you cancel after the 30 days no refunds will be issued unless it can be demonstrated that EcoHosting has not provided adequate services. If failure to provide adequate service is demonstrated to EcoHosting\'s satisfaction then we may issue a refund totalling no more then 50% of the remaining balance. EcoHosting Inc. will be the sole and final arbiter as to what constitutes adequate levels of service and an acceptable refund.

Limited 30-day Money Back Guarantee

Server/Network Maintenance

Disclaimer of Warranty

You agree to use the Services and any information obtained through or from EcoHosting Inc. at your own risk. You acknowledge and agree that EcoHosting Inc. exercises no control over, and accepts no responsibility for, the content of information passing through EcoHosting Inc.\'s host computers, network switches, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. EcoHosting Inc. MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. EcoHosting Inc. MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. EcoHosting Inc. EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER\'S CUSTOMERS VIA THE SERVICES PROVIDED BY EcoHosting Inc.. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY EcoHosting Inc. PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement.

EcoHosting Inc. is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of EcoHosting Inc. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by EcoHosting Inc.

Limitation of Liability

You agree that EcoHosting Inc. will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to EcoHosting Inc. at the time) which may exist in the Services or in EcoHosting Inc.\'s equipment used to provide the Services.

Under no circumstances will EcoHosting Inc. be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. EcoHosting Inc. will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to EcoHosting Inc.\'s records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, EcoHosting Inc.\'s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.

Right to Refuse Service

Indemnification

Force Majeure

Disclosure of Customer Information and Legal Process

Governing Law; Jurisdiction; Arbitration

Assignment

Entire Agreement; Severability

This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.

Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the country and state/province of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.