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Terms of Service

 

Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 30 days from your sign up date and only available if your previous hosting company is running cPanel. If your previous company was running a non-standard control panel, there could be a migration fee. Transfers outside of the 30 day free period will incur a charge. Please contact our support department with specific details to receive a price quote.

Content

All services provided by ETNHost may only be used for lawful purposes. The EU and Bulgarian laws apply. If you are hosting in our US division, the laws of US also apply. The customer agrees to indemnify and hold harmless ETNHost from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@etnhost.com with a valid DMCA request. If the request is of a licensing issue, we may require further documentation. Using a shared account as a backup/storage device is not permitted, we ask that you download any cPanel backups to your local computer as well. Examples of unacceptable material on all of our servers include:
- Topsites
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez (Linking to pirated software is also not allowed.)
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- MUDs/RPGs/PBBGs
- Hacker focused sites/archives/programs
- Sites promoting or somehow related to illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Tell A Friend Scripts
- Any kind of cyber attacks
ETNHost services, including all related equipment, networks and network devices are provided only for authorized customer use. ETNHost systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security.
During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of ETNHost system(s) constitutes consent to monitoring for these purposes. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party.
ETNHost may, at its discretion, request and require documentation to prove access to a third party network or system is authorized. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 24 hours. Internet services providers like ETNHost and many of ETNHost's other webhosting services and brands are republishers and not the publisher of content.
Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, ETNHost should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under ETNHost's webhosting service(s). If in doubt regarding the acceptability of your site or service, please contact us at abuse@etnhost.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Any service that is used for attacks on other users and websites can be suspended and will not be refunded.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice. Violations will be reported to the FBI. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible.
Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. ETNHost reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. ETNHost reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of ETNHost.

Payment Information

You agree to supply appropriate payment for the services received from ETNHost, in advance of the time period during which such services are provided. You agree that until and unless you notify ETNHost of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done online by submitting a ticket in our Ticket system. As a client of ETNHost, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify ETNHost of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by ETNHost. ETNHost reserves the right to bill your credit card or billing information on file with us. ETNHost provides a 9 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 9 days and not paid will result in a late fee and/or an account suspension until account balance has been paid in full. The late fee is applied in addition to whatever else is owed to ETNHost for services rendered. Access to the account will not be restored until payment has been received. Domain renewals are billed and renewed 7 days before the renew date. It is the customer's responsibility to notify our sales team via email at sales@etnhost.com for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final. ETNHost reserves the right to change the monthly payment amount and any other charges at anytime.

Backups

For its own operational efficiencies and purposes, ETNHost regulary backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. It is solely Subscriber's duty and responsibility to backup Subscriber's files and data on ETNHost servers. ETNHost accepts no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, internet connectivity problems, electricity outage, software failure, human mistake, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment. Any account larger than 5 gigabytes, accounts, containing big archives or total amount of files larger than 100 000 may, at our discretion, be excluded from our backup systems with or without notice. All cPanel backup files, backup-*.tar.gz and cpmove-*.tar.gz, older than 72 hours will be removed from the server automatically and we suggest downloading said backups to an off-server location. ETNHost reserves the right to exclude certain file formats from the backup procedure, in case they are considered inappropriate, including, but not limited to high definition digital media formats, archive formats, cache formats, databases exceeding 500MB in raw size.

Cancellations

Cancellations must be submitted via our Client Area. Cancellations requested via e-mail will not be honored and directions will be provided to submit a cancellation via our Client Area. ETNHost reserves the right to cancel any account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services without refund. ETNHost gives you an unconditional 30 day money back guarantee on shared hosting solutions. Fees paid by Subscriber in connection with the purchase of SSL certificates, domain privacy, domain names, Virtual Servers, Dedicated Servers are nonrefundable. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of these Terms of Service will waive the refund policy and no refund will be granted.

Unlimited Resources

ETNHost provides Users with bandwidth, disk space and other resources, such as e-mail, mysql databases, and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in ETNHost's web pages describing the package of Services purchased at the time of purchase. In some cases, ETNHost may not establish a specific amount of some resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. ETNHost reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. User agrees that such usage shall not exceed the amounts set by ETNHost for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by ETNHost as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with ETNHost. Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion. ETNHost may monitor User's use of bandwidth, disk usage and other resources. ETNHost, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, or normal usage by our typical shared hosting customer, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in ETNHost's sole and absolute discretion.

Resourse Usage

Hosting plans limits
Max mails per hour:
- for the Basic Plan - 20
- for the Economy Plan - 100
- for the Standard Plan - 150
- for the Premium Plan - 250
- for a separate hosting account in a Reseller plan - 75
- for the Enterprises Plans - 250

CPU Usage:
- for the Basic Plan - no more than 60 minutes for a 24 hours period
- for a separate hosting account in a Reseller plan - no more than 100 minutes for a 24 hours period
- for the Economy Plan - no more than 160 minutes for a 24 hours period
- for the Standard Plan - no more than 220 minutes for a 24 hours period
- for the Premium Plan - no more thatn 450 minutes for a 24 hours period
Maximum allowed concurrent MySQL connections:
- for the Basic Plan - 15
- for the Economy Plan - 30
- for the Standard Plan - 30
- for the Premium Plan - 30
- for a separate hosting account in a Reseller plan - 30
- for the Enterprises Plans - 100

Maximum allowed parallel http requests:
- for the Basic Plan - 50
- for a separate hosting account in a Reseller plan - 50
- for the Economy Plan - 100
- for the Standard Plan - 150
- for the Premium Plan - 250

Inodes:
- for the Basic Plan - 90 000
- for the Economy Plan - 170 000
- for a separate hosting account in a Reseller plan - 170 000
- for the Standard Plan - 230 000
- for the Premium Plan - 470 000
- for the Enterprises Plans - Unlimited


Accounts found to be exceeding the 100,000 inode limit can be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: ":fail: No such user here" without the quotes.

General Limits
User may not:
- Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, quake etc
- Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php") While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. ETNHost will not activate new orders or activate new packages for customers who have an outstanding balance with ETNHost.

Uptime Guarantee

We provide you with a 99.9% uptime guarantee which covers the availability of our servers, as well as all network components in all of our data centers. ETNHost guarantees that our data center network will be available 99.9% of the time and there will be no network interruption from our network backbone to our upstream providers at any time in a given month. Our guarantee excludes the following situations:
- Scheduled maintenance time
- Problems outside of our network
- Interruptions or failure of individual client services/accounts caused by the client's: employees/customers, configuration errors, 3rd party software errors, client abuse or excessive utilization of resources
- Malicious activities such as Denial of Services attack
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of ETNHost dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please submit a support ticket in the Client Area with justification. Uptime guarantees only apply to shared / reseller solutions.

Resellers

Resellers are responsible for supporting their clients. ETNHost does provide support to our Reseller's Clients. However, If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. We recommend all support requests to be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. ETNHost will hold any reseller responsible for any of their clients actions that violate the law or these terms of service.

Legal Business Name

The legal business name of our company is: Envision Ltd. Physical address of the company: 6 Georgi Kondolov Str, 4004 Plovdiv Bulgaria

Disclaimer

By using any ETNHost services, you agree to binding arbitration. If any disputes or claims arise against ETNHost or its subsidiaries, such disputes will be handled by an arbitrator of ETNHost's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
Customer agrees that it shall defend, indemnify, save and hold ETNHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ETNHost, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ETNHost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ETNHost; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from ETNHost's server.
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on ETNHost, and the right to increase the amount of resources given to plans at any time.
ETNHost shall not be responsible for any damages your business may suffer. ETNHost makes no warranties of any kind, expressed or implied for services we provide. ETNHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ETNHost and its employees.
Disclosure to law enforcement
ETNHost may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Changes to the Terms of Service
ETNHost reserves the right to revise its policies at any time without notice.
Accepting with our Terms of Service, you also agree to accept our Privacy Policy, located here.

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