Fast, Reliable X-Cart Hosting |
Terms of Service
Billing Terms- Hosting accounts not paid in full by the start of business on the 5TH
day of the service month will have their ftp, website & EMail
services suspended until full payment plus late charges is received.
Once paid, websites will be reinstated within 24 hours.
- If payment is not received prior to midnight on the 10th day
of the month, a $25 fee will be charged to reconnect EACH suspended
domain. Full payment of past due balance and reconnect fee are due before
site is reconnected. Once paid, websites will be reinstated within 24 hours.
- Hosting accounts not paid prior to the 20th of the month will
have all services terminated. Termination of service does
not relieve you from debts incurred while your site was configured on our
servers. All material on our servers will be removed. We reserve the
right to refuse service for nonpayment.
EWDHosting reserves the right to discontinue all services to
any account that has had three or more late payments in any 12-month period.
Account Policies and Cancellation
Account renewal is automatic until cancelled by the account holder. All accounts will be renewed according to the term selected upon account signup (monthly). There are no refunds.
If your billing information is incorrect, or your Credit Card is denied for any reason upon automatic renewal, you will receive an email informing you of the problem. If you do not provide alternate payment arrangements within 48 hours of that notice, your account will be suspended. You will have 14 days to resolve the situation and provide proper billing information. If we do not hear from you within 14 days, your account will be deleted from our system. EWDHosting.com is not responsible in any way for any loss of revenue or business due to account suspension or deletion.
Accounts are payable at the time the account is created. Any account reaching thirty (30) days past due is subject to removal from our servers at our discretion.
Cancellation requests must and may only be submitted via our ticketing
system at https://www.ewdhosting.com/portal/.
Requests must be received by the 20th of the month in order to cancel for
the following month's cycle. If notice is received later that the 20th,
billing for the next month will still be processed. All fees paid for service
up to the notice of cancellation are non-refundable.
Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a ticket through our client portal. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.
Bandwidth overage
Each hosting account/package comes with a pre-defined amount of bandwidth that the account is allowed to use per month. Any account going over the limit will be billed for the overage at the rate of $1.50 per one GB over the pre-allocated limit.
Refund and Disputes
All payments to EWDHosting are nonrefundable(except under the 30 day money back guarantee). This includes one time setup fees, prepayment fees, and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by The Company according to the terms herein. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (chargeback) that, in EWDHosting's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay EWDHosting an "Administrative Fee" of not less than $75 and not more than $200.
Usage Policy
EWDHosting.com is dedicated to providing an all-round top quality service.
The terms and conditions which follow are necessary to ensure that we may
continue to provide the best possible service to all of our customers whilst
at the same time satisfying our legal and ethical responsibilities.
Failure to follow any term or condition will be grounds for immediate account deactivation without notice. EWDHosting.com will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact abuse@EWDHosting.com
Illegal Usage
EWDHosting.com servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to EWDHosting.com's service agrees to indemnify and hold harmless EWDHosting.com from any claims resulting from the use of the service that damages the subscriber or any other party.
EWDHosting.com will be the sole arbiter as to what constitutes a violation of this provision.
Spamming Policy
EWDHosting.com has zero tolerance for UBE/UCE (unsolicited bulk email/unsolicited commercial email). This policy protects our customers as well as the internet community from the negative effects of "spam" related activity. EWDHosting.com defines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender.
EWDHosting.com reserver the rights to monitor, copy, open any files uploaded to it's servers for the purpose of identifying it's use. We reserve the rights to delete any file deemed "dangerous" to the health of the server without any prior notice.
Our Policies
1. EWDHosting.com customers, and customers of EWDHosting.com customers or any user of bandwidth and/or services on our network (herein described as 'users') are prohibited from sending UBE/UCE. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. EWDHosting.com may consider the lack of such proof of explicit affirmative permission of a questionable mailing UBE/UCE at its sole discretion.
2. EWDHosting.com customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation. Multiple infractions of this policy will result in a discontinuation of service.
3. EWDHosting.com customers will be notified in the event that they may be hosting sites listed as violators of the above policy. Again, failure to rectify such situations may be cause for termination.
4. EWDHosting.com customers are prohibited from providing hosting services for websites that have been included in UBE/UCE. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services.
5. Valid complaints received by EWDHosting.com will be forwarded to customer for a response and resolution. If within twenty-four (24) hours there is no response, EWDHosting.com may block traffic to and from the domain involved in the UBE/UCE complaint until the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. All users are responsible for maintaining a working email contact and updating that information with EWDHosting.com when it changes.
6. If EWDHosting.com receives repeat complaints indicating that a problem has not been resolved, EWDHosting.com reserves the right to suspend and/or cancel any and all services provided to the user after a notification of no less than two (2) hours.
7. Shell and Telnet access are disabled on ALL servers. The use of an external script (CGI, PHP or other) to enable shell access is forbidden and will result in account termination without notice.
To report an incidence of abuse, please report it to Abuse@EWDHosting.com
Content
EWDHosting.com does not accept sites with the following content/links on
our network:
Copyright or trademark infringement: Use of the EWDHosting.com service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Accounts that are found to have such content are subject to immediate suspension
and/or termination without notice. We reserve the right to add from, modify,
or otherwise addept to this list other banned programs at our completely
discretion. EWDHosting.com will be the sole arbiter as to what constitutes
a violation of this provision.
Sub-hosting others is prohibited
Hosting other sites or domains other than your own with your hosting account, as determined absolutely and solely at EWDHosting.com's discretion (usually verified via domain WHOIS lookup), is not allowed in any way, shape, or form. We do NOT allow clients to set up sites for others (such as friends, the public, etc.) in subdomains, folders, or otherwise on their hosting account with us; They should sign up separately for their own account(s). We reserve the right to cancel/terminate additional domains and/or the entire hosting account with us at our discretion for violations of this clause. Unauthorized resale or use of EWDHosting.com hosting features and/or services is NOT allowed.
Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Server Resource
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of moving to a dedicated server(which depends on the resource needed) or reducing the resource used to an acceptable level. EWDHosting.com shall be the sole arbiter of what is considered to be a high server usage level.
Any hosting account deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.
Banned Scripts/Programs from use on EWD Servers:
A small handful of scripts/programs are not allowed to be used on the EWDHosting.com
servers. This is largely due to excessive demands on server resources that
can degrade performance for other hosting clients. Namely the following are
BANNED from use on our servers:
ANY CGI-script powered chat room or bulletin board, including but not limited
to:
ikonBoard.cgi
UltimateBB.cgi
and others.
Topsites .cgi scripts
formmail.pl (spam security concerns)
myshell/cgishell or any of the like
IRC-related software (servers, bots, bouncers, etc.)
Accounts that are found to have such software uploaded to their web space
are subject to immediate suspension and/or termination without notice.
We reserve the right to add from, modify, or otherwise addept to this list
other banned programs at our completely discretion.
EWDHosting.com does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option. EWDHosting.com does provide a choice of Java chatrooms which should meet most users' needs and run without hindering the performance of the machine of our servers.
Background Running Programs and Cron Jobs
EWDHosting.com does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program.
Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of EWDHosting.com's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of EWDHosting.com to provide this knowledge or support outside matter specific to EWDHosting.com servers.
BACKUP AND DATA LOSS
EWDHosting.com will not be held responsible for any loss of data held on our servers to Your website. EWDHosting will always try to restore Your lost data, however this doesn't always work as the data may be corrupted. In such an instance, EWDHosting.com will not be held responsible. It is Your responsibility to maintain current backups of Your website data.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a EWDHosting.com server or using an email address that is maintained on a EWDHosting.com machine is STRICTLY prohibited. EWDHosting.com will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a EWDHosting.com server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension. See our NO SPAM Policy for more details.
EWDHosting.com reserver the rights to monitor, copy, open any files uploaded to it's servers for the purpose of identifying it's use. We reserve the rights to delete any file deemed "dangerous" to the health of the server without any prior notice.
Server abuse
Any attempts to undermine or cause harm to a EWDHosting.com server or customer of EWDHosting.com is strictly prohibited.
Any sub-networks of EWDHosting.com and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
Software Distribution
EWDHosting.com's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. EWDHosting.com Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.
Actions Taken by EWDHosting.com
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. EWDHosting.com will be the sole arbiter as to what constitutes a violation of the AUP. EWDHosting.com reserves the right to remove any account without prior notice.
When EWDHosting.com becomes aware of an alleged violation of its AUP, EWDHosting.com will initiate an investigation. During the investigation, EWDHosting.com may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, EWDHosting.com may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, EWDHosting.com will notify the appropriate law enforcement authorities of such violation.
EWDHosting.com does not issue credits for outages incurred through service disablement resulting from AUP violations.
EWDHosting.com customers agree to indemnify and hold harmless EWDHosting.com from any claims resulting from the use of our services that damages them or any other party. The EWDHosting.com service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. EWDHosting.com expressly disclaims any representation or warranty that the EWDHosting.com service will be error-free, secure or uninterrupted. No oral advice or written information given by EWDHosting.com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. EWDHosting.com and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Modification
EWDHosting.com reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Failure to follow any term or condition will be grounds for immediate account deactivation.
