Terms > TERMS OF SERVICE FOR WEB HOSTING

Overview
Cancellation Procedures
Scheduled Maintenance and Downtime
Service Uptime Guarantee
Limitations on Use
Billing
Courtesy Services for Customers
Other

eNicola.com provides reseller shared web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

1. Overview

All services provided by eNicola.com are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws.

The subscriber agrees to indemnify and hold harmless Nicola Turner and eNicola.com from any claims resulting from the subscriber's use of web hosting services which damages the subscriber or any other party.

Note: Pornography and sex related merchandising are prohibited by eNicola.com. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our resold web server space or any other server on the Internet. Links to such materials are also prohibited.

Examples of prohibited content or links include (but are not limited to):

IRC Software
Pirated software
Hacking programs or archives
Warez Sites
Distribution of music files or any other material in which the account holder does not own the copyright.
Adult Sites
Game Servers (dedicated game server programs)

eNicola.com will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber. Housing of any of the followingfiles is considered a violation of the terms of service:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
Commercial Advertising - Email -
- Spamming, i.e. the sending of unsolicited email, from any eNicola.com web space is STRICTLY prohibited. eNicola.com will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at eNicola.com. In addition to termination of any account found to be in violation there will also be a $100 penalty fine applied for every valid spam complaint processed by eNicola.com staff.
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by eNicola.com customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any eNicola.com-hosted domain, or referencing any eNicola.com account, is prohibited.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
- Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.
PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Server Abuse - Any attempts to undermine or cause harm to a eNicola.com server or subscriber of eNicola.com is strictly prohibited including, but not limited to:
logging into a server or account that you are not authorized to access
Accessing data or taking any action to obtain services not intended for you or your us
Attempting to probe, scan or test the vulnerability of any system, subsystem or network
Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
Interfering with, intercepting or expropriating any system, data or information
Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.
All web hosting accounts of eNicola.com and all dedicated servers must adhere to the above policies.

2. Cancellation Procedures
If you want to cancel your hosting account or domain, you will need to contact us via email or support ticket to request cancellation of your hosted account(s). Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information, or the billing password, or login cpanel information. If you are a prepaid customer that has paid your hosting for the entire year ahead, future months unused will be refunded to you upon request, to request a refund please contact us. Please Note: Any Free months given on hosting specials in your prepaid plan will not be refunded since there is nothing to refund on a 'Free' month. A one time early termination processing fee of $55.00 will be applied to your account when cancelling early. Refunds will be send via PayPal to your email address or via check in the mail. Any violation of eNicola.com's Terms of Service Agreement shall result in no refund. Once the hosting account is cancelled, we will terminate the hosted account and all information, files, emails within the account will be deleted from the hosting server. eNicola.com is not responsible for your website files after you've cancelled your account, It is advised that you backup your site files and emails to save a copy for your records prior to cancellation of service.

3. Scheduled Maintenance and Downtime
eNicola.com will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond eNicola.com's control or which are not reasonably foreseeable by eNicola.com, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, hack attacks, or network congestion or other failures. eNicola.com will provide advance notice to the subscriber when possible for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. eNicola.com has no responsibility for downtime resulting from a user's actions or network attacks. The subscriber agrees to indemnify and hold harmless Nicola Turner and eNicola.com from any claims resulting from the subscriber's use of web hosting services which damages the subscriber or any other party.

4. Service Uptime Guarantee
eNicola.com guarantees 98% uptime yearly. The 2% window is for server maintenance, upgrades and unforeseen issues that may arise. We calculate at the end of each each year the total uptime percent. If it falls below 98% we will give our client a refund or credit for the month that it fell below 98%. To date, we have never fallen below 98% uptime on any of our servers.

Uptime Guarantee Refund: Web Hosting Refunds will be posted for 1 month if uptime service falls below 98% on that particular month. Refunds will be send via paypal to your email address. Any violation of eNicola.com's Terms of Service Agreement shall result in no refund.

5. Limitations on Use
Any account using 15% or more of the server CPU or memory can be suspended and/or terminated. Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling. Background Processes. Unauthorized background processes shall result in immediate termination of the account. eNicola.com maintains the right to cancel accounts at its discretion.

6. Billing

Hosting is set up for annual bulling as a default payment structure. This means you would pay on January 1st of each year for 1 year hosting. If you would like monthly billing, please contact us. Payments can be made online via PayPal (Visa/MC) or via a mailed check.

Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received.

Disabling of accounts due to overdue payment: Accounts will be disabled (suspended) if payment is not received within 30 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account. If you wish to cancel your account, please see Cancellation Procedures section.

Termination of accounts due to overdue payment: If the account is not paid within 12 months of the invoice date, the account will be terminated and all information within the account will be deleted.

If you wish to cancel your account, please see Cancellation Procedures section.

7. Courtesy Services for Customers (Cpanel)

All 3rd party service tools available in Cpanel are provided as a courtesy only to the subscriber, some of which may include webmail applications, backup tools, statistics tools, fantastico scripts and other Cpanel tools and applications. eNicola.com does not provide support for these 3rd party tools and applications. It is the Subscriber's own responsibility to learn, use, maintain, manage, seek help, or fix any Cpanel 3rd party service tools they choose to use. (Cpanel is not associated with eNicola.com).

8. Other

Back-Ups: It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. eNicola.com is not responsible for lost data or for lost data due to third party software that is not maintained by eNicola.com programming staff.

Hack Attacks: Subscribers are responsible for restoring there own websites due to any hack attacks. back-ups of site files and emails. The subscriber agrees to indemnify and hold harmless Nicola Turner and eNicola.com from any claims resulting from the subscriber's use of web hosting services which damages the subscriber or any other party.

Domain Name Transfers: eNicola.com shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.http://www.enicola.com/support/

Domain Renewals: If eNicola manages a customer domain name renewal and customer doesn't pay domain renewal fee or contact to cancel account, eNicola.com may choose, as a courtesy to customer, to renew the domain name one more year and then remind you of your past due invoice. This courtesy domain renewal will only be given one time. If you wish to cancel your account, please see Cancellation Procedures section.

Support: Web Hosting and Email support is provided via online ticket system only. eNicola.com does not provide telephone support. Free Cpanel tools, that provided with Fantasico tools and applications that come within your Cpanel hosting account are not supported by eNicola.com. Subscribers should contact the application developers/makers directly for application support.

Limitation of Damages

Recovery of damages from eNicola.com may not exceed the amount of fees it has collected on the account.

General

Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and eNicola.com

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by eNicola.com administrators without prior notice.

All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.

The 30-day money back guarantee does not pertain to Virtual Dedicated and Full Dedicated server plans.

Any violation of these Terms of Service may or may not result in termination of the account.

We reserve the right to remove any account with 15 days prior notice for any reason.

Dispute Resolution

Any dispute between eNicola.com and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Virginia law, without the application of choice of law principles. Both parties shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Lynchburg City, Virginia, USA. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.