Terms and Conditions
This policy represents Ecolohosting’s terms of use in its entirety and supersedes any other oral or written policies. It defines the terms of service usage that all Ecolohosting customers agree to when signing up for any Ecolohosting web hosting service. Ecolohosting reserves the exclusive right to change, modify or revise any part of this portion of the terms of use at any time with or without written consent from our customers. Customers using any service offered by Ecolohosting are required to comply with all policies in these terms of use or otherwise must opt out of using the services and cancel their hosting account with Ecolohosting. Ecolohosting reserves the exclusive right to take action by canceling accounts in the event of any violation by any Ecolohosting customer.
General Provisions
In consideration for Ecolohosting maintaining your accounts active, you, as a customer of Ecolohosting, agree to the following terms of use.
Definitions
“We” or “Provider” or “Ecolohosting” – Ecolohosting.com. “You” “Your” “Customer” or “Member” – Each person or entity applying for Internet service or designee or any person applying for this Internet service.
Warranty Responsibility
The Internet and web hosting relies on a complex network of equipment, software, network services and information providers. Because of the need for all providers and services to work together, not all services may be available at all times. However, Ecolohosting offers a 99.9% uptime guarantee. Ecolohosting will use all available resources to maintain maximum uptime, however, Ecolohosting is not responsible for any downtime caused by any of the third party equipment or software providers that is beyond Ecolohosting’s ability to correct directly.
Ecolohosting’s clients, as well as its websites, are diverse and Ecolohosting is not responsible for any interruption of service due to client errors, including but not limited to spam, a DOS attack, or any other cyber attack. Ecolohosting MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) with respect to the services it provides. Ecolohosting nor any other person involved in providing the service is liable to you or any third party for any direct or indirect damages resulting from the use, non-use of the services provided hereunder, whether or not such damages are a result of Ecolohosting’s negligence, even if Ecolohosting has been advised of the possibility of such damages.
Limitation of Liability
In no event shall Ecolohosting be liable for any indirect, incidental, consequential, punitive or other damages (including, without limitation, lost profits and damages related to corruption or deletion of content, and data or database content) arising out of or in connection with this agreement or the use of or inability to use Ecolohosting services (including, but not limited to, failure of Ecolohosting’s servers), regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Ecolohosting has been advised of the possibility of such damages. In no event shall Ecolohosting’s liability be greater than the total paid by customer to Ecolohosting for the services during the previous twelve (12) months. To the extent applicable local law does not allow the limitation of liability for consequential or incidental damages, Ecolohosting’s liability is limited to the extent permitted by law.
Indemnification
You agree to indemnify, defend and hold Ecolohosting and its affiliates, directors, officers, employees and agents harmless from and against any and all liabilities, losses, damages or expenses, including reasonable attorneys’ fees, resulting from any third party claim, action, suit or demand relating to your use of the Services, your violation of any of the provisions of this Agreement or your placement or transmission of any material or content on Ecolohosting’s servers.
These liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property right; (ii) defamation, libel, slander, obscenity, pornography or violation of privacy or publicity rights; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or the anti-spam policy; (b) any damage to or destruction of Ecolohosting’s equipment or any other account holder’s equipment, that damage is caused by, or otherwise results from, the acts or omissions of you, your representative(s) or your designees; (c) bodily injury and property damage resulting from your activities related to the services, unless such injury or property damage is caused solely by Ecolohosting’s gross negligence or wilful misconduct; and (d) any other damage caused by your equipment or your business.
Services offered by Ecolohosting
Ecolohosting will provide the Internet server rental service (“the service”) to its members for the express purpose of allowing its customers to provide http content to the general public. The service allows Ecolohosting members to maintain Internet sites, host and maintain email accounts and access web space via ftp to upload files for their sites. Ecolohosting members will use the services offered in a manner consistent with all applicable laws.
Ecolohosting provides the exclusive service and makes no effort to edit, control, monitor or restrict the content of information other than what is necessary to be able to offer the services. Ecolohosting reserves the right to refuse service to potential and/or existing customers in order to protect its existing customers. If any violation of the above is committed, Ecolohosting may terminate the customer’s account without notice. Ecolohosting provides timely web hosting support via email, chat and phone. By accepting this contract with Ecolohosting, you agree not to verbally, physically, via email, chat or phone abuse Ecolohosting employees.
Customer Content
The customer agrees that the web pages and files uploaded to the server do not violate any state, national or foreign law or regulation and that they do not infringe upon the intellectual property rights of Ecolohosting or any third party, or are defamatory or libelous; be threatening or harassing, be discriminatory on the basis of sex, race, age, promote hatred, or contain viruses or computer programming defects and cause damage to Ecolohosting or any third party. Clients may not run IRC or bots. Clients may not use Ecolohosting servers for storage of files unrelated to the client’s website, storage space is for active file pages on the website only. This does not include storing emails on the server for a period of more than 2 weeks. Ecolohosting shared account holders may not act as a reseller, meaning that clients may not host any websites on their addon domains that are not the domains owned by the client at the time of registration with Ecolohosting.
You will have the option to have a reseller hosting account. Also not acceptable is the use of: unsolicited email (spam), newsgroup spam, child pornography, hardcore pornography or links to such sites, MP3 property, copyrighted music, video property, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. Ecolohosting shall be the sole and final arbiter of what constitutes a violation of this policy. Ecolohosting does not normally monitor the content of clients’ servers, however, if suspicion arises, Ecolohosting reserves the right to investigate and terminate the clients subscription to the service.
Unlimited Content
Ecolohosting does not offer unlimited content in its plans. Ecolohosting plans set limits on disk space and bandwidth (data transfer) according to the contracted plan. We want you to have the resources available to you to build a great online presence. Although we want you to be successful in your business, we have to make sure that we are offering all of our clients optimal service. As such, we require that all of our clients abide by these rules and not abuse the service and use the disk space and bandwidth related to the normal operation of a personal website or small business Web site. Ecolohosting servers are not music, video, or content download servers. Likewise, it is not permitted to keep personal backups such as work documents such as Word or Excel files and emails, among others considered as “backup”. If a client hosting account is found to be in violation of the terms of service, and using files for storage purposes, the content will be removed while we will make every effort to contact clients promptly. Shared plans have a hosting limit of 200,000 files. If you want to host more than 200,000 files, we have VPS hosting plans that do not have these limitations.
Resource Overuse Policy
Resources are defined as the bandwidth, memory, and/or processor utilization of our servers. Ecolohosting offers a shared web hosting service where clients will be able to share resources with other clients, therefore it is imperative that Ecolohosting monitor any excessive usage by clients so that they do not disrupt the quality of service of clients using the same resources. A website is considered to be using “excessive amounts of resources” when the available resources are monopolized by using 8% or more of the system resources for more than 60 seconds. There are many factors that could cause such problems, including but not limited to: CGI scripts, FTP, HTTP, among others. Any site that consumes more than the bandwidth limit is also considered an “excessive resource” user. In the event of excessive resource usage, the following action may be taken: if the excessive usage may cause a service interruption to any other customer, Ecolohosting may suspend that account before notifying that customer, and Ecolohosting may also contact the customer. Suspensions without prior notice to the customer are rare and are only implemented in extreme circumstances, intended to prevent misuse of our servers. A customer who is using “excessive resources” may be asked to upgrade their package to one of our dedicated server packages to reduce excessive usage in the future. Ecolohosting will be the sole and final arbiter of what constitutes a violation of this policy.
No “SPAM”
Unsolicited email or “spam” originating from a server located on our network or associated with an Ecolohosting server is not tolerated. This includes any email hosted on a server in the Ecolohosting network that is still sent from an email address not associated with that Ecolohosting account. The client may not use their services to send chain letters, spam, bulk-email, or any use of distribution lists to anyone who has given or not given specific permission to be included in such a process. Ecolohosting reserves the right to disable or terminate any account at any indication of such activity without prior notice.
Excessive Exploitation
Uploading and installing third party scripts or code to the server / installed from our auto-installer or manually on your Web hosting account is permitted. It is the responsibility of our Web hosting clients to maintain the latest version of the scripts. If a script that our clients installed to our servers is found to have security flaws and allows a third party to “hack”, “exploit”, “deface” your site(s), it is our clients’ responsibility to remove that script or Ecolohosting reserves the right to terminate that account.
False Information
The client agrees not to post false or inaccurate information in newsgroups in violation of the newsgroup rules and regulations. If any newsgroup or service provider contacts Ecolohosting regarding unethical, false or illegal activities performed by you, Ecolohosting reserves the right to suspend or discontinue service with or without notice.
Licensed Software Only
The client agrees to use software that is licensed and complies with the client’s terms of use.
Payment, Renewal, Cancellations, Payment Obligations
Full payment is required in advance before the hosting account is created. Ecolohosting sends invoices that are due each payment period. You represent and warrant that the information supplied on the order form (or other information that Ecolohosting may require) is accurate and truthful. All payment notifications will be sent by email. Invoices will not be sent by mail or fax. If payment is not received by the date specified, your hosting account will be suspended. If payment is not received after one month of the specified payment deadline, your account will be terminated. It is the client’s responsibility to ensure that payment is made to Ecolohosting before the renewal date and although Ecolohosting sends renewal notices to our clients before their renewal date, due to a client’s ability to change their contact email addresses without notifying Ecolohosting, the client is ultimately responsible for remembering their renewal date and for making sure payment is made after renewal. Domains not renewed after the specified date will incur an additional charge as a domain reactivation fee. To check late renewal charges visit the following address: https://ecolohosting.com/clients/knowledgebase/168/Domain-Expiration.html?language=spanish Domains not paid after 25 days of the deadline cannot be renewed.
Cancellations and Refunds
If you are not satisfied with our services within the first 30 days of your account activation, Ecolohosting will refund your web hosting fee subject to the refund guarantee terms listed in this agreement. Refunds are not available for customers after 30 days of account activation. However, you may cancel your account at any time in order to ensure that your account is not renewed. You will need to contact customer service and verify the information before the cancellation takes place. You will be charged in full for the entire month in which you cancelled your account.
Accounts that have negative balances will be sent to accounting and all services will be terminated, including domain registrations. Refunds are not available for domain registrations, SSL certificates, and dedicated IPs. Domain names transferred to our service are one-year payments and are therefore considered one domain registration. Customers who have registered their domain with Ecolohosting and wish to leave our services will be refunded the same amount of the selected package minus the domain registration fee within the 30-day money-back guarantee.
99.9% Uptime Guarantee
Ecolohosting offers its customers a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running smoothly. It will try to maintain as much uptime as possible. Ecolohosting is not responsible for any downtime caused by the customer.
30-Day Money-Back Guarantee
We offer an unconditional money-back guarantee within 30 days of signing up and that covers the cancellation of a web hosting account during the first 30 days of service in case of unsatisfactory services. As part of our effort to achieve industry-leading satisfaction, the customer will be reimbursed for all hosting charges made to their credit card less credit card fees or domain name or SSL certificate charges which are non-refundable.
The guarantee does not apply to accounts with lack of use, misuse and/or abuse of this agreement. It does not apply to plans that have a maintenance policy. Domain name registrations or SSL Certificates are non-refundable. Domains transferred to our paid service are considered a domain registration. Customers who have registered their domain with Ecolohosting and wish to leave our services will be refunded for the same amount of the selected package less the cost of the domain registration and/or SSL certificate within the 30-day money-back guarantee.