Terms and Conditions
Use of Eclipse Hosts Service constitutes acceptance and agreement to Eclipse Hosts’s policies are subject to the terms above and as follows:
Content:
At Eclipse Hosts, we strongly prohibit the use of any our service for any illegal activities. User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following.
Examples include but are not limited to:
1. Any copyright, patent, trademark, or other intellectual property right.
2. Child Pornography
3. Hate content
4. Threatening, racial, or otherwise abusive content.
5. Any and all content inciting, instructing, or promoting illegal activities.
ex)
* Game sites
* Adult sites
* Proxy sites or scripts
* IP Scanners
* Mass mail scripts
* Banner-Ad exchange or rotation
* AutoSurf PTC/PTC/PPC
* Free Hosting
* Pirated Software/Warez
* Image hosting
* Media streaming sites
* File mirror scripts or sites.
Payment:
Establishment of service is reliant upon receipt by the Company of payment of affirmed charges. Following payments are due on the anniversary date of the month for that month’s service.
Payments and Fees:
Accounts that reach 3 days past due will be suspended. Accounts that are not collectable by Eclipse Hosts may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation:
Requests for canceling accounts may be made in writing or through the client area.
Eclipse Hosts’s preferred method of cancellation is via the client area of your Eclipse Hosts account. Please log into the client area and you can request to have your account cancelled.
Disclosure to Law Enforcement:
At Eclipse Hosts, we specifically forbid the use of our service for any unlawful activities. Therefore, User agrees that the Company may reveal any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Eclipse Hosts shall have the right to terminate all service set forth in this Agreement.
Support Boundaries:
Eclipse Hosts, provides technical support to our subscribers and our staff is limited to our area of expertise.
The following are our guidelines when providing support:
- Eclipse Hosts does not offer tech support for application specific issues such as cgi programming, html or any other such issue.
- Eclipse Hosts does not provide technical support for YOUR customers. If you can email, we encourage you to email support[at]eclipsehosts.com for assistance.
SPAM and Unsolicited Commercial Email (UCE):
Eclipse Hosts takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Eclipse Hosts may not use or permit others to use our network to transact in UCE. Customers of Eclipse Hosts may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Eclipse Hosts’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Eclipse Hosts will initiate an immediate investigation (within 48 hours of notification). During the investigation, Eclipse Hosts may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Eclipse Hosts may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Eclipse Hosts reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Eclipse Hosts will notify law enforcement officials if the violation is believed to be a criminal offense.
As our Customers are ultimately responsible for the actions of their clients over the Eclipse Hosts network, it is advisable that customers develop a similar, or stricter, policy for their clients.
Network
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). Eclipse Hosts will monitor Customer’s bandwidth and disk usage. Eclipse Hosts shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Eclipse Hosts’s sole and absolute discretion. If Eclipse Hosts takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Eclipse Hosts may, at its sole discretion, collect a deposit, in an amount determined by Eclipse Hosts, against customer’s payment information on file with Eclipse Hosts. Customer shall not use bandwidth or disk usage for warez, proxy, file sharing, p2p, streaming media files, IRC, game servers, streaming related sites, heavy forum sites, disk storage or any other unreasonable use. Unlimited features are only for reasonable use. Any Master Reseller/Reseller account should not offer free hosting.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of the Eclipse Hosts Network. Violations of system or network security may result in civil or criminal liability. Eclipse Hosts will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
Eclipse Hosts is under no duty to look at each customer’s or user’s activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.
Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
Eclipse Hosts takes no responsibility for any material input by others and not posted to the Eclipse Hosts Network by Eclipse Hosts. Eclipse Hosts is not responsible for the content of any other web sites linked to the Eclipse Hosts Network; links are provided as Internet navigation tools only. Eclipse Hosts disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
Eclipse Hosts is not responsible for any damages your business may suffer. Eclipse Hosts does not make implied or written warranties for any of our services. Eclipse Hosts denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Eclipse Hosts.
Cancellation Policy:
- Refund will be provided with no questions asked if for any reason you are unsatisfied with our service within the money back guarantee period (domain names are non-refundable).
- Refund will be provided only if customer experiences technical problems caused or related to items 100% controlled by Eclipse Hosts.
- Refund is granted by Eclipse Hosts’s sole discretion.
- Refund decisions made by Eclipse Hosts are final.
- Service used percentage will be deducted while making the refunds.
- Refunds are not given for downtime caused by customer actions or 3rd party software.
- Refund does not include any software such as control panel or items bundled together with the server.
- Service used percentage will be deducted while making the refunds.
- Refunds are not given for the payment already made.
- Domain will be transfered upon your request.
- Domain transfer is not given if client does not notify us within 5days from cancellation.
Please note:
Eclipse Hosts will not issue refunds to users who have their account terminated by Eclipse Hosts, for breach of our terms of service. Refunds will not be made to users who exceed their allocated bandwidth limit. Accounts that are renewed for additional terms are also not subject to our money back guarantees.
Responsibility for Content:
You, as Eclipse Hosts’s customer, are solely responsible for the content stored on and served by your Eclipse Hosts server.
All provisions of this contract are subject to the TOS (Terms of Service) of Eclipse Hosts and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
