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(1.a) Service
Enotch Networks is pleased to offer all its customers great
customer and technical support. In order for Enotch Networks
to continue to provide these great services, there has to be good
communication and cooperation both from our side, as well as from
customer's side. The following policies and rules, have been created in
order for us to have good relations with the customer - and to keep the
services running smoothly. By signing up with our services, you accept
all these policies and rules. You understand that by following these
rules, you will be able to get the most out of our provided services,
and that by violating any of these policies can result in deactivation
of your account with no refund.
(2.a) Liability
The subscriber agrees to hold Enotch Networks harmless from
any claims resulting from the use of the service which damages the
subscriber or any other party. Any and all material within a
subscriber's account, is property and responsibility of that subscriber
(unless the material is copyrighted, trademarked, etc...)
Enotch Networks shall have no liability whatsoever for any
direct, indirect, incidental, special or consequential damages or
losses (including, without information, or any other pecuniary loss) of
Client or Client's customers or suppliers that result from the use of
inability to access the Site or from the services provided by Enotch Networks, or as a result of any errors, omissions,
interruptions, power failures, computer viruses, data damage, deletion
of files, defects, delays in operation, delays or failures of
transmission, or any other failure of performance.
In any event Client's recovery for any and all damages, losses and
causes of action arising under this Agreement, whether in contract, tort
or otherwise, shall not exceed the aggregate dollar amount paid by
Client for the monthly service period during which the claim arose
during the term of this Agreement.
(2.b) Violating Material
If material is found within a subscriber's account, that
is violating any of the policies and rules listed on this page, that
subscriber will be held liable for the content. This includes material
located at the subscriber's anonymous FTP.
(3.a) Content
Any and all services provided by Enotch Networks may be
used for legal purposes only. This means, that illegal material is
strongly prohibited. Transmission, storage, or presentation of any
information, data or material in violation of any United States Federal,
State and/or City law, is prohibited. Any data that violates
international laws, is forbidden as well. All content that we judge
threatening or obscene, and/or material protected by trade secret and
other statue can and will be reviewed by Enotch Networks.
Any material that fits into any of the above and below cases, can be
deleted with no prior warning by Smart Hosting.
(3.b) Unacceptable Content
Enotch Networks forbids any material that IS listed below.
This includes links or any material referring to the following:
- Pirated software (illegal duplication, distribution of licensed
software)
- Hackers material
- Adult material (if it is shared hosting account)
- This does not apply to our VPS and Dedicated Server line(s).
- Warez Sites (Cracks to licensed software for example)
- Illegal audio/video (illegal mp3, illegal recorded samples)
Enotch Networks will be the sole arbiter
as to what constitutes a violation of this provision. You will be
notified in time, and you'll have to remove (censor) the material
we'll point out, immediately. If Enotch Networks
will need to contact you more than 3 times about a violation caused by
you, your account will be discontinued with no refund.
(3.c) Legal MP3
We will host websites that host mp3 material, as long as the following
conditions are met:
- All MP3 on the site is legal
- No links made to outside illegal MP3 archives/websites
It is customer's responsibility to know with no
doubts, that the MP3 on his or her website does not violate any
policies, laws, rules and regulations, trademarks and copyrights.
(4.a) Through Traffic
You may not use our servers for through traffic. This means, that
if you want to download any material from a remote FTP server to
your account directly (server to server), then this is not
acceptable. This is usually done, when a person wants to download
illegal material, or material from a very popular website, whose
FTP server is extremely slow.
If this policy is unclear to you, your customer, or any party directly
involved in webhosting on any Enotch Networks server, then
please contact us with specific questions.
(5.a) Chat Software
We do allow chat rooms if and only if the software is well programmed
and doesn't take up too much of the system's resources. Enotch Networks reserves the right to block your chat software
directory at any time.
Acceptable Chat Rooms are:
- CGI chat rooms used via browser ONLY
(5.b) IRC and IRC bots
We currently do not allow IRC or IRC bots to be operated on our shared hosting servers,
sorry. These systems tend to utilize huge amounts of system resources. We do support IRC hosting on our VPS and Dedicated Server line(s).
(6.a) Crontabs
Crontabs are allowed to be run with the following restrictions:
- May not be run continuously
- May be initialized on a hourly basis minimum (not on a minute
based in other words)
(6.b) Background
We don't allow for customers to setup their own background programs
without our granted permission or acknowledgment. Background programs
can and do slow down servers, therefore a small fee can be asked for in
case the background program requires extra system resources.
(6.c) Unacceptable background program
- Applies to our Shared/Reseller Hosting Servers ONLY
Some of the background programs that we have had problems with in the
past that slowed down the system, are not allowed anymore on a
regular account. These include:
- JAVA chat servers
- CGI server push chats
- Webcams
- IRC bots
(7.a) Spam - Commercial Advertising Email
As long as multiple recipients haven't agreed to be on your mailing
list, then spamming, or sending unsolicited email, from a Enotch Networks server or using an e-mail address that is maintained
on a Enotch Networks machine is STRICTLY prohibited.
Enotch Networks scans the system and will be the sole arbiter
as to what constitutes a violation of this provision.
Enotch Networks is committed to an anti-Spamming policy.
Under this policy, we protect you and your customers by porhibiting
Spam, or any unsolicited commercial e-mail, from being sent either:
- Over the Enotch Networks network, by customers or any
other users of the Enotch Networks network (including
customers' customers); AND/OR
- Over ANY network-if the message sent advertises or mentions a site
hosted on the Enotch Networks network.
We react quickly and seriously to violations, and we
further reserve the right to terminate the network services, with no
refund, of any customer willfully disregarding this policy.
(8.a) Server Usage
Many things can slow down a server. In order to guarantee the fastest
possible connections, we need to monitor our servers for processes that
overload them. Any party that slows our servers down, can and will be
notified. Enotch Networks reserves the right to kill any
process (i.e. end a software's execution) that is overloading a
server, or slowing it down heavily.
(8.b) Server Abuse
Any attempts to undermine or cause harm to a Enotch Networks
server or customer of Enotch Networks is strictly
prohibited, and is followed by deactivation of account with no refund.
(8.c) Network and Server Usage
Any accounts using constantly more than 20% of the network and system
resources will be notified. Enotch Networks will ask those
accounts (using over 20% constantly) to remove certain material
if those accounts are willing to stay, else those accounts will be asked
to leave in order for all other clients to be able to benefit from speed
and fast service.
(9.a) Refunds
The first month of hosting is non-refundable as it includes, or
better said, is the setup fee.
In order for a customer to be eligible for a refund, no policy
violations may have been made by the customer.
(9.b) Acceptable Refunds
All refunds requested with a valid complaint will get a refund of
the month's hosting. A valid complaint is determined by Enotch Networks. These include but are not limited to:
- Enotch Networks server down for several days in a row
- No service provided in over a week
- IF customer can support or prove his or her complaint in a valid
manner
- Enotch Networks overcharged credit card
(9.c) Unacceptable Complaints for Refund
Some customers will request refunds, whereas their reasons are not
valid. These include, but are not limited to:
- Slow connection caused by client's ISP/network
- Client's ignorance and/or negligence
- Already having logged in to his or her account many times
- Having used the account for whatever reasons
- Non-payment for service by customer
(10.a) Payments
All accounts with delayed payments or declined payments, will be blocked
(but not deleted) automatically in 5 days (including weekends)
after a reminder is issued. If no payment is received in 2 days after
the 5 days (or before), then account will be deleted. Exceptions may
apply.
(11.a) Violations
If a serious violation of any policy, warning and/or rule has been
committed, Enotch Networks reserves the right to block a
user from hosting services for a lifetime, with no refund.
(12.a) Cancellations
Enotch Networks will continue to provide service to a
customer, until a cancellation request is received from the
customer via the myEnotch portal. A written notice must be sent by FAX for all Colocation customers. Customer will be asked for random information to verify identity; until
the customer has not provided correct identity information, Enotch Networks will not cancel the account. In order for a
cancellation to be valid, Enotch Networks must
confirm the cancellation. It is customer's responsibility to make
certain that this confirmation is received. All confirmations by
Enotch Networks are made via e-mail (not by phone, not by FAX,
not by regular mail or any other method).
All charges will cease only after the cancellation notice has
been received from the customer and confirmed by Enotch Networks.
If any terms or conditions are failed to be followed, it will result
in grounds for account deactivation. We reserve the right to remove any
account with 5 days prior notice.
Any contents on this, or any subsequent, page is subject to change
without prior notice. However, we will make all attempts on a best effort basis to notify customers of upcoming policy changes and all account inquiries created as a result of a policy change will be handled on a individual basis giving us the ability to work with you as a customer.
Customer is invited to regularly review these
Rules and Regulations (policies). Continued use of Enotch Networks, Inc
Hosting services following any such changes and/or individual agreement or exception between Enotch Networks and Client shall constitute the Customer's
acceptance of such changes. |
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