Current Hosting Terms & Conditions as of August
All Enterprise Digital Web Hosting Customers are bound by these terms of service.
THIS AGREEMENT FOR Enterprise Digital WEB HOSTING SERVICES (the "Agreement") is made and effective as of the date of acceptance, by and between you, ("Customer") and ("Enterprise Digital").
WHEREAS, Customer desires to utilize the Enterprise Digital Web Hosting services to develop Customer's presence on the World Wide Web.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
1. Enterprise Digital Services
Enterprise Digital agrees to provide to Customer the Enterprise Digital Web Hosting services as set forth in Hosting Plans ("Enterprise Digital Web Hosting Services").
2. Payments and Invoicing
2.1. Credit Card Customers shall pay monthly in advance for our service according to our current published rates Hosting Plans and as may be amended during the term of this agreement. You agree that failure to pay such charges is grounds for termination of all your services. Enterprise Digital shall indicate any changes in fees, which shall become effective upon thirty (30) days' notice.
2.2. Delinquent Accounts; Enterprise Digital may terminate a Customer's account at anytime without notice for failure to pay or failure to provide new billing information within 30 days.
Customer reserves the right to cancel account at any time. Customer will not receive any refunds excluding any over charges. All sales are final. Customer agrees that no refunds will be given in the event that the Customerís account is terminated by Enterprise Digital, or Customer for any reason.
Furthermore, Customer agrees that no refunds will be granted for cancellations by Enterprise Digital due to Customer spamming, or other violations of this agreement by Customer. Enterprise Digital does not guarantee that the services will be uninterrupted or error-free from time to time due to system maintenance or abuse.
Customer aggress to provide 24 hour notice prior to next credit card billing and all cancellations must be received by email to firstname.lastname@example.org or by using our cancellation form in our "Support" section of our website.
The account username and password must be included for verification.
4. Responsibilities of Enterprise Digital
4.1. Enterprise Digital shall provide Customer with Web Hosting Service as set forth in Hosting Plans. Enterprise Digital shall perform its services to the best of Enterprise Digital's ability.
4.2. Enterprise Digital reserves the right to refuse service to anyone at any time. If Enterprise Digital should initiate termination of services with you, Enterprise Digital shall provide sufficient notice to you in order to allow you to download your files. Should Enterprise Digital initiate termination for any violations of this service agreement or server abuse, customers losses all rights to download any stored files on the Enterprise Digital servers.
5. Responsibilities of the Customer
Customer shall be solely responsible for all content available on or through its site hosted by Enterprise Digital, and shall at all times be subject to the terms of this Agreement.
5.1. Customer agrees not to use the Enterprise Digital Web Hosting service in any manner that is illegal or libelous.
5.2. Customer warrants that its site hosted with Enterprise Digital Web Hosting Services will not infringe or contain any content that infringes on or violates any copyright, U.S. Patent any third-party right, or violates any applicable law, rule or regulation. Enterprise Digital shall have no obligations with respect to the content available on or through any site hosted on the Enterprise Digital Web Hosting Services, including, but not limited to, any duty to review or monitor any such content. Enterprise Digital reserves the right to block any site that violates any of the above-stated terms, or which in Enterprise Digital's sole discretion, Enterprise Digital deems objectionable or offensive, or otherwise violates a law or Enterprise Digital's policy.
5.3. Third-party software available though Enterprise Digital may be governed by separate end user licenses. You agree to be bound by the terms of such end user licenses regarding the applicable third-party software should you choose to download them.
5.4. Customer agrees to abstain from conduct such as sending mass, unsolicited emails (SPAMMING) sending chain letters, using more then a reasonable amount of CPU and or MEMORY on the server, causing the server to become slow and unresponsive due to over-usage, violating the security of either Enterprise Digital or other organization systems and computers. Customer's whose accounts are found in violation of this policy may, at the discretion of Enterprise Digital, have their account(s) terminated without notice and be subject to a $500 cleanup fee at the discretion of Enterprise Digital. Or in the case of bandwidth abuse the site will be throttled back to a speed more in line with the type of account in use.
5.5 Metered bandwidth constitutes; that Enterprise Digital will limit or throttle bandwidth to any customerís site that are using more than their allotted limit.
All sites on Enterprise Digital servers have full speed access to a dedicated port. High bandwidth sites with heavy scripting may violate section 5.4 and or section 6.1 of this agreement, therefore the customer must make sure the CPU and or MEMORY usage on their site is not deemed excessive.
6. Site Content Restrictions
6.1. Customer is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Customer is expected to use his/her account for the purposes of maintaining a website only. Common sense is the best guide as to what is considered acceptable use.
6.2. Customer's whose website promotes activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at Enterprise Digital. This includes "warez" sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Websites of this nature are considered non-professional and are not welcome.
Customer's whose accounts are found in violation of this policy may, at the discretion of Enterprise Digital, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee of $50 which will be added to the handling fee of $35 for early termination should that apply at that time.
Additionally, Enterprise Digital may contact the Software Piracy Association ("SPA") and other regulatory bodies such as FBI and other Governmental organizations and release any information in connection with any illegal activities relating to software piracy on the Customer's account. Illegal, pornographically explicit sites, Wording or pictures that directly insult religious groups & individuals are not tolerated on any customer sites and the content will be removed by Enterprise Digital administrators, the customer will not be entitled to any compensation or recourse and will be asked to stop publishing such material, compliance will lead to cancellation of customers account.
6.3 Enterprise Digital does not allow any pornographic sites due to bandwidth issues associated with this type of site, any sites set-up in contradiction to this rule will be immediately stopped and the customer will have an opportunity to change to a non pornographic content site if this is not an option then canceling the account in this case no refund will be issued.
7. Warranties and Indemnification
7.1. IN NO EVENT WILL Enterprise Digital's LIABILITY TO CUSTOMER ARISING OUT OF THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID TO Enterprise Digital HEREUNDER. IN NO EVENT WILL Enterprise Digital BE LIABLE FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES ARISING OUT OF THE TERMINATION OF THIS AGREEMENT. IN NO EVENT WILL Enterprise Digital BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT OR ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2. DISCLAIMERS Enterprise Digital MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCT OR SERVICE OF Enterprise Digital, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES Enterprise Digital MAKES NO REPRESENTATION THAT THE CUSTOMER SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND Enterprise Digital SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. ALL SERVICES ARE PROVIDED AS IS.
7.3. YOU AGREE TO USE ALL Enterprise Digital's SERVICES AT YOUR OWN RISK. IN NO EVEN SHALL Enterprise Digital BE LIABLE FOR ANY LOSS OF DATA, EMAIL, OR FILES, VIRUS INFECTION, DELAYS OR PERFORMANCE PROBLEMS DUE TO POWER OUTAGES, ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, OR DESTRUCTION OF PROPERTY.
8. Term and Termination
8.1. This agreement is effective when you accept Enterprise Digital's Web Hosting Service and continues until terminated by either party.
8.2. Either party may terminate this agreement for any reason with upon receipt of email to the other party however Enterprise Digital may terminate the Agreement immediately if any of the terms of this contract are no met.
9. Government of this Agreement
You agree that the Laws of the State of California govern Enterprise Digitalís services. You agree that the state of California in which Enterprise Digital is located shall be the location for any legal action relating to our services.
Enterprise Digital can change this agreement at any time. By continuing to use our service you agree to the terms of this agreement. You may not amend or change this agreement unless Enterprise Digital agrees to it in writing.