Hosting Terms Of Service

Yearly

Premium Shared Hosting Terms & Conditions (Yearly)

Terms of Services
Revision date: 13/03/2014

Definitions

‘ecopow’ – Service provider

‘subscriber’ – Customer subscribing to the service provided by ecopow

All services provided by ecopow (“ecopow”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any UK or international law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless ecopow from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to ecopow’s servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software
hacker programs or archives
Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A £50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, ecopow WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

1. Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill £1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb – 1 gig will be treated and billed as the same.

2. IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

3. Server Abuse
Any attempt to undermine or cause harm to a server or customer of ecopow is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

4. Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

5. Billing
By the Account Activation Date of each year, ecopow shall:

(1)deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current year. When an invoice is delivered to the client, payment shall be remitted to ecopow by no later than the specified payment due date. ecopow shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a yearly basis. It is the client’s responsibility to ensure that the invoices are paid on time. We will contact the client in the event of payment not being received by us. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

6. Service Fees
Certain services carry a setup fee charged by ecopow to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to ecopow and agrees to pay any and all fees incurred by client. Because the services are provided on a yearly basis, the client will be responsible for service fees incurred each year, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular year, the client will be responsible for service fees for the entire year, and such fees will not be pro-rated or refunded.

7. Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of £20.00 prior to reactivation.

8. Cancellation Refunds
We DO NOT refund partial yearly fees to accounts. We require 30 days notice for a cancellation.

9. Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

10. Limitation of Liability

(1)Except as expressly stated within this Agreement, ecopow 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 provided by ecopow or information available from ecopow’s Website shall be for information purposes only, 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 obligation.

(2)ecopow’s entire liability under this contract to the Customer (either directly or as any third party defendant in any action proceeding or otherwise) for any claim arising out of this Agreement or Services and the provision thereof shall be limited to the amount of fees so paid to ecopow by the Customer under the Agreement within one year proceeding when any valid claim arose.

(3)In no event shall ecopow be liable in Contract, Tort (including negligence or breach of statutory or related duty) or otherwise howsoever and regardless of the cause to include but not be limited to:

i.Any changes to ecopow operations, procedures, products or other services which render obsolete or require modification or alternation to any of the Customers hardware or software;

ii.Increased costs or expenses;

iii.Any error or interruption to Services;

iv.Any claim that a domain name, Website content or other information utilised in the Services by the Customer as may be provided by ecopow infringe any Intellectual Property Rights;

v.Loss of any profits, contracts, business opportunities, revenues or related savings;

vi.The consequence of any failed or unsuccessful domain name, registration or renewal, e-mail communication or related information or data transfer; or

vii.Any failure of any Service, e-mail, non-receipt and mis-routing of communications.

(4)The Customer acknowledges that the provisions of clause 10 satisfy the requirements of reasonableness specified in the Unfair Contract Term Act 1977 and that it shall be estopped from claiming to the contrary at any future date in the event of any dispute with ecopow concerning ecopow’s liability. In the event that the Customer is an individual as defined under Consumer Transactions (Restrictions on Statements) Order 1976, the statutory rights of the Customer are not affected by this provision.

(5)ecopow will provide any Service to the Customer with reasonable skill and care.

11. Violations
Violations of these Acceptable Use Policies should be referred to [email protected]. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

12. Disclaimer
ecopow cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by ecopow are resold. Thus, certain equipment, routing, software and programming used by ecopow are not directly owned or written by ecopow. Moreover, ecopow holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as ecopow sees fit.

13. Account Activation
By activating your account with ecopow, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

14. NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

15. Server Uptime Guarantee
Although ecopow has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

16.ecopow reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

17. Acceptable Use Policy
Revision date: 18/12/2013

As a provider of web site hosting and other Internet-related services, ecopow offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. ecopow respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, ecopow reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, ecopow has developed an Acceptable Use Policy (“AUP”) , which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using ecopow’s services. This AUP will be revised from time to time.

(1)One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that ecopow cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because ecopow cannot monitor or censor the Internet, and will not attempt to do so, ecopow cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

(2)When subscribers disseminate information from the Internet, they must keep in mind that ecopow does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over ecopow’s network and may reach a large number of people, including both subscribers and non-subscribers of ecopow, subscribers’ postings to the Internet may affect other subscribers and may affect ecopow’s goodwill, business, reputation or operations. For these reasons, subscribers violate ecopow policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

(3) Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward ecopow, but also because it can overload ecopow’s network and disrupt service to ecopow’s subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, ecopow will investigate and shutdown the account that is spamming. A £250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore ecopow reserves the right to prosecute for this violation. A £1.00 charge will be assessed PER EMAIL sent should ecopow choose to pursue and prosecute.

(4) Audio/Video Streaming :
Audio/Video Streaming is not hosting friendly. As such, ecopow does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

(5) Adult-Oriented Content:
ecopow does not allow adult content and will suspend/terminate any offending account.

(6) Large File Policy:
ecopow is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail [email protected].

(7) Obscene Speech or Materials:
Using ecopow’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. ecopow is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

(8) Defamatory or Abusive Language:
Using ecopow’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

(9) Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

(10) Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

(11) Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities :
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

(12) Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

(13) Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

(14) Usenet Groups:
ecopow reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

(15) Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

(16) Other Activities:
Engaging in activities, whether lawful or unlawful, that ecopow determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

(17)As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. ecopow will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with ecopow’s policy or applicable law. However, when ecopow becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by ecopow.

(18)ecopow is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching ecopow’s facilities from those subscribers may have originated from a customer of the subscriber or from another third party. ecopow does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. ecopow reserves the right to directly take action against a customer of its subscribers. Also, ecopow may take action against the ecopow’s subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, ecopow anticipates that subscribers who offer Internet services will cooperate with ecopow in any corrective or preventive action that ecopow deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of ecopow policy.

(19)ecopow will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. ecopow may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, ecopow may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. ecopow assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, ecopow may disclose subscriber information or information transmitted over its network where necessary to protect ecopow and others from harm, or where such disclosure is necessary to the proper operation of the system. However, ecopow will never sell information to other services or outside companies.

(20)ecopow expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate ecopow policy. Finally, ecopow wishes to emphasize that, in signing the Service Agreement, subscribers indemnify ecopow for any violation of the Service Agreement, law or ecopow policy resulting in loss to ecopow or the bringing of any claim against ecopow by any third party. This means that, if ecopow is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against ecopow, plus costs and reasonable attorney’s fees.

(21)We hope this AUP is helpful in clarifying the obligations of Internet users, including ecopow and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to [email protected].

18. Site Uptime and Monitoring

ecopow is not responsible for monitoring and managing a specific site’s uptime, malware/virus checking, hacking attempts or any other maintenance outside of what has been agreed.

19. PCI Compliance

ecopow’s shared hosting is not currently PCI compliant, however we can recommend alternative third party products should you require it. It is the responsibility of the client to assess the suitability of any hosting product for their business needs.

20. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions

Monthly

Premium/Platinum Shared Hosting Terms & Conditions (Monthly)

Terms of Services
Revision date: 13/03/2014

Definitions

‘ecopow’ – Service provider

‘subscriber’ – Customer subscribing to the service provided by ecopow

Prohibited are sites that promote any illegal activity or present content that may be damaging to ecopow’s servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software
hacker programs or archives
Warez sites

1.Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill £1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb – 1 gig will be treated and billed as the same.

2.IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

3.Server Abuse
Any attempt to undermine or cause harm to a server or customer of ecopow is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

4.Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

5.Billing
By the Account Activation Date of each month, ecopow shall:

(1)deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to ecopow by no later than the specified payment due date. ecopow shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. It is the client’s responsibility to ensure that the invoices are paid on time. We will contact the client in the event of payment not being received by us. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

6.Service Fees
Certain services carry a setup fee charged by ecopow to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to ecopow and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

7.Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of £20.00 prior to reactivation.

8.Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

9.Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

10.Limitation of Liability

i.Any changes to ecopow operations, procedures, products or other services which render obsolete or require modification or alternation to any of the Customers hardware or software;

ii.Increased costs or expenses;

iii.Any error or interruption to Services;

iv.Any claim that a domain name, Website content or other information utilised in the Services by the Customer as may be provided by ecopow infringe any Intellectual Property Rights;

v.Loss of any profits, contracts, business opportunities, revenues or related savings;

vi.The consequence of any failed or unsuccessful domain name, registration or renewal, e-mail communication or related information or data transfer; or

vii.Any failure of any Service, e-mail, non-receipt and mis-routing of communications.

(5)ecopow will provide any Service to the Customer with reasonable skill and care.

11.Violations
Violations of these Acceptable Use Policies should be referred to [email protected]. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

12.Disclaimer
ecopow cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by ecopow are resold. Thus, certain equipment, routing, software and programming used by ecopow are not directly owned or written by ecopow. Moreover, ecopow holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as ecopow sees fit.

13.Account Activation
By activating your account with ecopow, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

14.NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

15.Server Uptime Guarantee
Although ecopow has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

17.Acceptable Use Policy
Revision date: 18/12/2013

(3)Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward ecopow, but also because it can overload ecopow’s network and disrupt service to ecopow’s subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, ecopow will investigate and shutdown the account that is SPAMing. A £250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore ecopow reserves the right to prosecute for this violation. A £1.00 charge will be assessed PER EMAIL sent should ecopow choose to pursue and prosecute.

(4)Audio/Video Streaming :
Audio/Video Streaming is not hosting friendly. As such, ecopow does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

(5)Adult-Oriented Content:
ecopow does not allow adult content and will suspend/terminate any offending account.

(6)Large File Policy:
ecopow is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail [email protected].

(7)Obscene Speech or Materials:
Using ecopow’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. ecopow is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

(8)Defamatory or Abusive Language:
Using ecopow’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

(9)Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

(10)Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

(11)Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities :
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

(12)Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

(13)Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

(14)Usenet Groups:
ecopow reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

(15)Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

(16)Other Activities:
Engaging in activities, whether lawful or unlawful, that ecopow determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

18. Site Uptime and Monitoring

ecopow is not responsible for monitoring and managing a specific site’s uptime, malware/virus checking, hacking attempts or any other maintenance outside of what has been agreed.

19. PCI Compliance

Navigation

Yearly

Monthly