Legal

Terms and Conditions

Last Revised: Friday the 20th of February 2015 at 23:44:46 UTC (1424475886)

These terms and conditions ("Terms") apply to any service provided by enhost (the "Network") or enhost (the "web host") and all services (the "websites" and "applications"), each service may have additional Terms and will be listed on respective websites. Please read them carefully.

ACCEPTABLE USAGE POLICY

The Acceptable Usage policy sets out the terms under which you may use the hosting services we provide. The use of our Hosting Services means that you accept, and agree to abide by all the policies stated below.

SPAM Unsolicited Email or "spam" originating from a server located on our network or associated with a enhost server is not tolerated. This includes any email that promotes websites hosted on a server located on the enhost network, but is sent from an email address not associated with that account. The client shall not use their enhost 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 a process. enhost reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.

enhost provides the tools needed to create backups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. enhost does not always take backups of customer websites. Your data is stored on a storage platform with hardware redundancy to protect against data loss through hardware failure but we are not responsible for data loss caused by Customer error.

Unauthorised Scripts and Executables The customer agrees not to run any scripts, executables, proxy's or other programs or processes on enhost's servers that will any any way adversely affect the performance of said servers.

Other Prohibited Activities Engaging in any activity that, at enhost's absolute discretion, disrupts, interferes or is harmful to our services, business, operations, reputation, customers or ability of our customers to use our service is prohibited.

Indemnification The customer agrees that it shall defend, indemnify, save and hold enhost (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against enhost, support officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents and employees. Customer agrees to defend, indemnify and hold harmless enhost against liabilities arising out of; (1) any injury to person; property or website content / code caused by any products sold or otherwise distributed in connection with enhost server including requested support; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of enhost to the amount paid for service.

CONTENT

Website Content The client agrees that web pages and files uploaded to servers will not violate any local, national or foreign laws or regulations; infringe on any intellectual property rights of enhost or any third party; be defamatory, slanderous or trade libellous; 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 enhost or any third party. Customers may not run IRC, bots, or clients. Unacceptable uses also include: bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted music files, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. enhost will be the sole and final arbiter as to what constitutes a violation of this policy. enhost does not normally monitor the contents of clients' servers; however, if suspicion occurs, enhost reserves the right to investigate and terminate the client's subscription to the service.

Unlicensed Software The customer agrees only to use properly licensed third party software on enhost's servers.

Intellectual Property The customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. enhost is required by law to remove or block access to any content upon notice of copyright infringement.

Viruses and other Destructive Activities Use of enhost's systems for creating or sending malicious, destructive or nuisance code, examples of which but are not limited to, viruses, worms, Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited and in breach of this agreement.

Child Pornography The use of enhost's systems to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. We are required by law to notify the Police if we become aware of the presence of child pornography on, or being transmitted through our systems. Any file that is not publicly accessible (With exception to emails) will be regarded as data warehousing.

Data Warehousing The servers provided by enhost are intended for web services use only. Any user of our servers for file storage, data warehousing, backup data storage, mirror sites or any form of data file storage or management is prohibited.

Peer to Peer / File - Media Sharing / Streaming The customer will not run services or software related to Peer to Peer file sharing, bit-torrent or any website providing media or file streaming / sharing.

Files may be no bigger than 35megabytes (35000000 bytes) each in size, if it is larger than proof of reasonable efforts to reduce size must be produced, any files larger that could be reduced should if not it is classed as data warehousing.

We aim to take weekly backups to make sure that data is not lost, although we can not guarantee this to happen every week it is your responsibility to make sure that you have backups of your data if lost. You have a right to access our latest backup should you need it.

Any service that advertises unlimited storage do really mean that as long as they are in compliance with this section, any file used must be related to a website.

FEES/CHARGES

With enhost there is only monthly fee's or yearly fee's. This is inclusive of a free subdomain for Web Hosting accounts. If an alternate domain is purchased, such as .com, the customer will be liable for the Domain Registration Fee. This varies depending on the TLD but will be clearly stated during the order process. We are a reseller use several 3rd parties for all domain name registrations; at the time of purchase we will strive to obtain your domain name from our external Domain name providers, however due to the real time nature of the internet we can not guarantee that your domain name will be available once payment is completed. In such event an alternative domain name or full refund will be provided.

Full payment is required in advance, before the hosting service is established. Recurring monthly billing is managed automatically via paypal, or is your responsibility and can be cancelled at any-time.

If your payment fails, 7 days following your invoice date, we will suspend your hosting account.

Cancellations and Refunds Should you be unhappy with the service provided by enhost during the first 24 hours of your hosting, you will be entitled to a full refund of your first calendar months hosting fees, but not a full year's fees. Please note that Domain Registration Fees are not refundable and the domain name will remain registered for the domains term. Once this term has expired the domain can be transferred out. Servers are also not part of the refund policy and will not be refunded at any time if you wish to cancel.

Should you wish to cancel within 24 hours please submit a cancellation request from the client area and submit a support ticket for the refund, if over 24 hours then just submit a cancellation request and it will automatically be taken care of.

All servers first payment term will be shortened to three weeks if ordered monthly, or eleven and a half months if paid yearly. This is to compensate to storage costs and make sure payment is received well before server space end. (This provides protection for servers upon late payment.)

TERMINATION

enhost reserves the right to terminate any account under their discretion, a reason will be presented to you via email after the account is terminated/suspended, if an account is in violation of these terms direct termination will be enforced.

In the event of termination by a member of staff your account will be suspended for 30 days before been fully terminated, this is to ensure you the right of appeal and you may via support tickets request that your account will be reactivated (This does not apply if the account or product is terminated due to high amounts of spam).

We are not responsible for your data and if your account is terminated then your data will be lost, because of this we recommend you backup your data often with the tools provided.

In the event of a termination no refunds will be available, any account credit will be lost, and we are not required to fulfil the rest of the billing period.

ACCESS

Only the payee of the account should have access to either the client panel or the hosting panel, if the account is in the name of a business then it is the responsibility of the business to ensure that only members of its staff have access to the account, this can be done with sub accounts.

If the account is bought with the intention of being managed for another client such as reselling or outsourcing then there must be a separate account or hosting plan made for each client and you may not host multiple clients on one hosting plan, although they can be on the same account a new hosting plan must be purchased for each client. (Violation of this may result in your entire account being suspended and all of your hosting plans)

It is up to you to maintain a strong password and make sure that nobody has access to your account that should not have, we operate a secure portal and everything is transmitted through SSL, we also offer dual factor authentication for members should they require this level of security. If you suspect other people having access you should change your password straight away, if you lose access to your account there is a password reset link on the client portal or you should contact us directly.

We reserve the right to access your data for the purpose of diagnosing system problems and backups, we also have the right if we suspect your account of breaking our terms and conditions.

SERVER'S

Both virtual servers and dedicated servers are treated the same way and have the same conditions regarding content and access but do not have backups. It is your responsibility to retain backups of any data stored on a server.

All servers are not oversold but are not dedicated hardware and are not guaranteed access. No server has DDOS protections provided and firewalls are your own responsibility, ports may be blocked and sometimes can be unblocked from request but that is up to enhost's staff discretion. Virtual servers may bought from a third party company and then sold to you, because of this termination of servers may be out of our control.

Servers are not sold to be set up instantly but most of the time are, if a server is not set-up instantly contact support, all virtual servers will be set-up within 72 hours and dedicated servers set-up within one working week. All servers come with the the specified requirements and one static IP address, internal networking can be set-up if you have multiple servers upon request (We will enable it but you will have to add the network interface to your operating system). Upgrading or downgrading servers can be done through support tickets but data may be lost in the process.

All servers will be created with a user called hl this user ued key based authentication to login and is only used by us for support and monitoring of servers. If this user is deleted it is breach of contract and the server will be terminated. If the SSH port is changed we must be notified, if SSH is limited to specific IP address then 178.62.113.77 must be whitelisted.

BETA SERVICES / PRODUCT

This applies to any service that is listed as a beta service and does not require additional notice. The state of a beta service is not guaranteed and is often still in a testing state this means that bugs are to be expected and by purchasing a beta product you agree that you expect this and will not leave bad reviews based on any problems that arise on a beta service. Most beta services do not stay that way for long and as soon as they are deemed stable they will be made none beta.

By using a beta service you loose the right to appeal any termination as terminations may take place if the beta product is disabled or no longer been sold. Support is also at limited access for any beta product.

SUPPORT

Support is provided 24/7 year round but can not always guarantee a response straight away, if you are having problems there are places on the internet that can help or you should check the knowledge-base / network issues to try and resolve your problem.

Support is only provided by ticket systems because it can then be logged, emails will not be responded too with the exception of the contact us form.

Questions & Contact Information

Questions or comments about the Services may be directed to us at the email address support@enhost.io.

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