SECTION 2 (Terms of Use / Acceptable Use Policy)
- Services provided by EcwHost may be used for lawful purposes only. Customer shall hold the responsibility of ensuring their use of services provided by EcwHost complies with all applicable laws. Customer is responsible for any and all use of services provided to Customer.
- EcwHost reserves the right to suspend or terminate any service provided at its sole discretion with or without notice to Customer. Suspension or termination of services is guaranteed should Customer violate any of the terms contained within this document.
- Customer may not send or facilitate the sending of unsolicited bulk email messages ("Spam"), commercial or otherwise in nature, to any person or system.
- Customer may not host or provide services to or for websites advertised via Spam.
- Customer may not use services in a manner which is intended to abuse or violate the property rights of others, including, without limitation, activities which result in the distribution of computer viruses, worms, time bombs, trojan horses, or other destructive programs or activities.
- Customer may not use services in a manner that infringes on the intellectual property rights of any third party or any rights of publicity or privacy.
- Customer may not use services in a manner which violates any law, statute, ordinance or regulation (including, without limitation, the laws and regulations governing criminal activity, export control, unfair competition, anti-discrimination, or false advertising).
- Customer may not use services to publish or communicate material that is obscene, defamatory, trade libellous, unlawfully threatening or unlawfully harassing.
- Customer may not break or attempt to break security of any computer network or system, or to gain access to an account or data without authorization.
- Customer may not forge, remove or modify identifying network header information ("spoofing"), or employ any other methods in connection with the transmission of email used to disguise or misrepresent the source or quantity of transmissions, except when using deliberately misleading headers in newsgroups to avoid Spam email address collectors.
- Customer may not use services and/or programs to conduct any activities which EcwHost deems are injurious to its Customers, operations or reputation.
- Customer may not provide false information to EcwHost on an order form, contract or online application, including, but not limited to, fraudulent payment information.
- Customer may not cause disruption or dramatic reduction in quality to any services provided to other Customers by EcwHost.
- Customer may not use services provided by EcwHost as a proxy device.
- Customer must immediately notify EcwHost of any unauthorized use of an account, and/or any breach or attempted breach of security that Customer becomes aware of.
- Customer is solely responsible for ensuring their account and/or website is configured in a secure manner.
- Customer may not, through action or inaction, allow others to use its resources for illegal or inappropriate activities.
- EcwHost cannot be held responsible for the security, content, accuracy, description or development of Customer's websites or any third-party software.
- EcwHost cooperates fully with federal and state law enforcement officials. EcwHost respects Customer's privacy rights and will not intentionally disclose Customer's communications, activities, or personal information, except to comply with court orders, subpoenas, statutes, regulations, or legal governmental requests; in order to protect EcwHost or its Customers from harm; or where necessary for the operation of the system.
- EcwHost shall not be liable for damages of any nature suffered by Customer or any third party resulting in whole or in part from EcwHost's exercise of its rights under these policies, or from any third-party actions. By using EcwHost services Customer agrees to waive and hold harmless EcwHost from any claims relating to any action taken by EcwHost, including conducting an investigation, issuing a warning, refusing to post material, removing material, or suspending or terminating services, or other appropriate action. This waiver applies to, but is not limited to, all violations described in this document.
SECTION 3 (Billing Practises)
- Customer is billed when orders are placed. The date of the next recurrence will be calculated based upon the date on which the order is first made and will take place on approximately the same day each cycle.
- New Customers are billed for one full cycle, beginning on the date the order is placed.
- Customer is not entitled to a refund or partial refund upon cancellation of services, should such cancellation be initiated by either EcwHost or Customer. EcwHost will provide credit or a coupon code to the value of the remainder of the cycle not used by Customer.
- All taxes, fees, and governmental charges on payment to EcwHost shall be paid by Customer and are Customer's sole responsibility.
- Accounts are suspended approximately 14 days after a due payment has not been provided and EcwHost has not been able to contact Customer, and no apparent attempt to contact EcwHost has been made by Customer.
- EcwHost reserves the right to change prices or package descriptions upon 7 days of prior notice.
- If Customer wishes to resell services provided by EcwHost Customer must purchase a reseller account.
SECTION 4 (Limitation of Liability)
- No warranty is expressed or implied by EcwHost for any service or product in any way. EcwHost is not liable for any errors or interruptions in service, whether within or without of EcwHost's control. Service may be temporarily unavailable for scheduled maintenance, either by EcwHost or by third-party providers, or because of other causes.
- EcwHost will not be responsible for any damages Customer suffers, including, but not limited to, loss of data, delays, non-deliveries of email, or service interruptions caused by EcwHost's or Customer's negligence, errors, or omissions.
- Customer shall indemnify and hold harmless EcwHost (inclusive of their respective offices, contractors, employees, and agents) from and against any and all claims, costs, expenses or liability rising out of Customer's (inclusive of Customer's officers, contractors, employees, agents, and invitees) collective or individual use, occupancy or operation of EcwHost's services.
SECTION 5 (Miscellaneous terms)
- Customer understands that the Internet is an inherently insecure communications medium and no expectation of privacy is afforded.
- Any Customer who resells services provided by EcwHost must ensure their Customers abide by this document or face suspension, if the reseller removes the suspension before contacting EcwHost, Customer maybe be subject to suspension.
