By placing an order with The ECK Hosting, you confirm that you agree with and are bound by the terms and conditions below. Definitions The Client: You, your, the company or individual requesting or currently using the services of The ECK Hosting. The ECK Hosting: We, us, our, network and employees or affiliates. General The ECK Hosting will only carry out work where you provide an agreement, either by email or mail. An ‘order’ is deemed to be a written contract between The ECK Hosting and the client; this definition includes email agreements. Hosting setup It is your responsibility to ensure that any applied hosting package application is completed and activated and ready for full use. Quoted times for account activation or supply are estimates, and we do not guarantee or imply activation or supply within the quoted time frame. We may delay or refuse activation or supply if: • Payment is not cleared or received in full. • We believe the order, information or payment is fraudulent. • You have any funds outstanding with relation to any other account. • The domain name quoted does not exist, is in a non-usable state (e.g., pending renewal, dropped from registry, etc.), or is deemed to be proposed for use that voids our Acceptable Use policy. • There is any other reason which we deem satisfactory. We may send notification of hosting activation or supply; however: • Your contact details must be correct and up to date. • This does not mean your hosting is fully active and ready for use; you must ensure the hosting is fully functional. • You release us from any claim arising from failed hosting activation, whether at fault of our system, our staff or any other factor out of our reasonable control. Loss of service We will endeavour to maintain network stability and satisfactory service levels; however, We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory. Our convenient times may not align with your preferred times; however, we will decide when we carry out any work. We may experience outages beyond our control caused by any of the following; force majeure (any ‘act of god’ including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by The ECK Hosting, our suppliers or any third party. We may, at our discretion, provide notification of outages, whether planned or unplanned. You release us from any claim or potential claim in relation to outages and any loss of business, data or service suffered by you or any third party. Downtime can never be guaranteed to be 100%. Backups We run weekly and monthly backups of all web hosting accounts and do not include virtual dedicated servers, dedicated servers and/or other services. Our backups, which we run weekly and monthly, are a free complimentary service. There is no guarantee on any backups we do! Backups are the FULL responsibility of the client. The ECK Hosting will not be held accountable for data loss of any kind to live data and backups. Payment If any payment due from the client to The ECK Hosting is not received by the due date, The ECK Hosting will give a 7-day grace period; after this date, your account will be suspended until payment or a payment arrangement is approved and received. If you have multiple services under your account and any invoice is overdue, we have the right to suspend and terminate all services within your account regardless of other service payments being up to date or paid in advance held under the account. Suspension and termination We reserve the right to suspend/terminate any/all services, including domain names, if: • You have any outstanding invoice or invoices on the account as a whole. • Your account is subject to a dispute or dispute resolution procedure, or is affected by a court order, judgement, finding, or determination. • You fail to comply with any provision in this agreement or those referenced in this agreement. • There is evidence of fraudulent, illegal, defamatory, or offensive acts, or any activity in breach of a third party’s rights. • We deem that your use of our services may jeopardise the operation of the service, ECK Hosting, or our suppliers. • We deem any other reason as satisfactory to protect The ECK Hosting, our staff, customers and our suppliers. • Once a suspension/termination has been implemented, we will not activate the account again until payment or a payment arrangement has been approved and received. • If your website, emails, or any functionality of your account become an issue, it is no longer in our best interest to keep the website as an account. Acceptable use policy It is always your responsibility to: • Use our service and services in a manner which does not violate any applicable laws or regulations • Respect the conventions of the newsgroups, lists and networks that you use. • Respect the legal protection afforded by copyright, trademarks, licence rights and other laws to materials accessible via our service; • Respect the privacy of others • Use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and • Refrain from acts that waste resources or prevent other users from receiving the full benefit of our services. • Ensure your use of our services remains ethical and in accordance with accepted community standards. • You must at all times comply with the law. You will breach this policy if you violate state, federal, or international laws. It is not acceptable to use our service(s) to: • Violate copyright or other intellectual property rights; • Illegally store, use or distribute software; transmit threatening, obscene or offensive materials • Engage in electronic ‘stalking’ or other forms of harassment, such as using abusive or aggressive language • Misrepresent or defame others • Commit fraud • Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet • Damage, modify or destroy the files, data, passwords, devices or resources of The ECK Hosting, other users or third parties • Engage in misleading or deceptive on-line marketing practices; • Conduct any business or activity or solicit the performance of any activity that is prohibited by law • Make an unauthorised transmission of confidential information or material protected by trade secrets • “Spam” or engage in “spamming” activities • Engage in obscene speech or materials; this includes advertising, transmitting, storing, posting, displaying or otherwise making available child pornography, offensive sexual content or materials or any other obscene speech or material • Post or transmit defamatory, harassing, abusive or threatening language • Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks; • Facilitating a violation of this Acceptable Use Policy • Perform any other action through utilisation of any service which we deem unsatisfactory Attempt to do any of the above You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement or local, state, federal or international laws and cannot be held liable for any outcome resulting from our actions. Any breach of our AUP can result in immediate termination of services and loss of all data held on those services. You release us, our staff and our suppliers from any liability resulting from such instances. Liability and indemnity You agree that we shall have no liability to you or any other person for any loss of service, data, business, or any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profit or goodwill, arising from any matter, whether such liability is asserted on the basis of contract, tort, or breach of warranties, either express or implied. You agree to defend, indemnify, and hold us, our staff, and our suppliers harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable legal fees, asserted against us, our agents, our clients, our offices, and our employees that may arise or result from any service provided, performed, or agreed to be performed, or any product sold by a customer, their agents, and employees. You agree to defend, indemnify, and hold us harmless against liabilities arising out of: • Any injury to a person or property caused by any products sold or otherwise distributed in connection with The ECK Hosting • Any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party • Any breach of any representation or warranty provided herein • Any negligence or wilful misconduct by you • Any allegation that your account infringes a third person’s copyright, trademark, or intellectual property right, or misappropriates a third person’s trade secrets • Any defective products sold to customers from our server • By accessing any service hosted on our network you understand, agree and are bound to this indemnification and any other indemnification mentioned in our service agreement and agreements referenced to therein. Should we be notified of pending legal action or intention to seek legal advice, we may seek written confirmation from you concerning your obligation to indemnify The ECK Hosting. Failure to provide such confirmation may be considered a breach of this agreement. We cannot be held responsible for any damages your business/operation may suffer. We provide no warranties, expressed or implied, for the services we provide. Nor do we guarantee your web site or applications will be error free on our servers. We are not responsible for loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by The ECK Hosting, our employees or our suppliers. Should any part of this policy be made invalid by relevant legislation, the remainder of the policy will remain in force. Cancellation Policy All renewals of web hosting contracts will be refunded if the ECK Hosting is notified 15 days before any invoice due date. No refunds will be granted for notifications received after this date. Any invoice generated that has an invoice due date 15 days prior to the cancellation request must be paid in full still. It is important for users to contact The ECK Hosting at least 15 days before the renewal date to request non-renewal, cancellation, termination, make any contract length changes, and make upgrades/downgrades, etc. This will help avoid double work for the renewal billing department and reduce confusion for you. Please note that contract length changes cannot be processed after the renewal date has passed. If you know in advance that you do not want to renew, you must formally cancel using email, and it must be from the registered authorised client's email address. Phone or any other type of communication request will not constitute acceptance of any cancellation. Acceptable Use Policy Our Acceptable Use Policy also applies to these terms and conditions. You can find our acceptable use policy here. Privacy Policy Our Privacy Policy also applies to these terms and conditions. Our Privacy Policy can be found here.