Terms of Service
Ennwise
419 Main Street #102
Huntington Beach, CA 92648
Customer Service: (714) 485-6327
[email protected]
This document clearly
outlines procedures and restrictions for all clients.
Ennwise
strives to provide the best possible service to all our customers, but we will
not tolerate any unlawful activity or abuse on our servers. We respect freedom
of speech and expression unless it is harmful to others. These brief guidelines
are imposed to protect you, other Ennwise customers
and us against such harm.
In the absence of any
other Agreement, you will have accepted this Policy and these Terms and be
bound by them if you use any of the services offered by Ennwise
("Services") or otherwise indicate your affirmative acceptance of
such Services.
This Policy and these
Terms may change from time to time. Ennwise will try
to inform all of our customers of the changes and subject to applicable laws
and this Agreement those changes will be effective after 7 days.
We reserve the right to
refuse service to anyone for any reason not prohibited by law. Also we reserve
the right to terminate service to any client for any reason not prohibited by
law. Any deliberate attempt to cause damage to Ennwise
or any other Internet services will result in immediate account deactivation
without prior notice. No refund will be issued in this case.
Payment Policies,
Fees, Refunds and Terms of Agreement
Full payment is required
before any hosting service is rendered, which includes renewals. All
payment-due notices will be sent by electronic mail. There is a setup fee
charged for some products. No bills or invoices will be sent by postal mail or
fax, unless requested and agreed upon in writing before service is rendered. Prepayment
is due each anniversary (one month, one year, or other agreed upon period)
following the date the account was established. Billing will continue until you
cancel your hosting account. As a policy, we do not offer credits or refunds
for hosting time already expended or on any promotional credit, such as a free
month of hosting. Credit cards may be billed up to seven days in advance of the
due date to assure that service will not be affected if there is a problem with
the credit card. Ennwise considers all credit card or
PayPal chargebacks for services rendered, or partially rendered, to be
fraudulent. Such accounts will be assessed a $50 fee, per incident, and have
their balance sent to a third-party collections agency. Please follow the
refund procedures we have defined.
If you decide to cancel
after prepayment, you will not receive a refund for the current month in use
(we do not give partial months refunds). If cancellation is done by Ennwise due to an account violation, there will be no
refund. Additional features can be added at any time. Ennwise
reserves the right to change prices at any time, but will notify all clients before
such changes take place. Customers may not cancel services while an invoice is
outstanding.
Access
You agree to allow us and
our agents the right of access to equipment and data, as is reasonably needed,
for purposes of installing, servicing, configuring, maintaining, inspecting,
upgrading, replacing and removing the services and/or equipment used to receive
any of the Services. In so doing Ennwise will take
all reasonable care to insure the work is complete in a professional manner
with minimal interruptions to Services. In all instances Ennwise’s
liability will not exceed what is provided within this Agreement.
Account Cancellation
You may cancel at any time. Please note we do not refund partial
monthly fees to accounts. To cancel your account, please email [email protected]. Notification of cancellation must be received
at least one full week prior to your cycle date, with the cycle date being the
day of the month you sign up, in order to avoid charges in full for the next
cycle. It is the client's responsibility to secure email confirmation from Ennwise that account has been cancelled. If the client has
not yet received email confirmation of account cancellation, then the account
remains active, and you will continue to be invoiced. Clients are responsible
for all charges associated with an account until cancellation is verified via email.
If the client has a balance due at the time of
cancellation, this balance must be paid in full. Cancellation does not absolve
client of any outstanding financial obligations. Ennwise
reserves the right to go through a third-party collection agency to collect any
overdue payments. All accounts sent through a third-party collection agency
will have an additional fee of 38% of the amount owed added to cover the
collections fees and other related expenses, subject to applicable laws.
CPU, Bandwidth and
Disk Usage
Permitted CPU, Bandwidth
and Disk Usage
i. Shared
hosting space may only be used for web files, active email and content of User
Websites. Shared hosting space may not be used for storage (whether of media,
emails, or other data), including, as offsite storage of electronic files,
email or FTP hosts. Ennwise expressly reserves the
right to review every shared account for excessive usage of CPU, disk space and
other resources that may be caused by a violation of this Agreement or the
Acceptable Use Policy. Ennwise may, in our sole
discretion, terminate access to the Services, apply additional fees, or remove
or delete User Content for those accounts that are found to be in violation of Ennwise’s terms and conditions.
ii. Dedicated, KVM and VPS usage is limited by the
resource allocated to the specific plan that you have purchased.
Affiliate Program
Affiliate payout rates
can change at any time, with due client notification. Affiliate payouts will be
made within 60 days of a withdrawal request. If a payout is not made within 60
days, Ennwise will add an additional 10% on top of
the affiliate balance. Affiliate withdrawals will not be made to clients found
to have broken our terms of service.
Spam Policy
Ennwise is
committed to a strict anti-spamming policy. Under this policy, we prohibit
spam, or any unsolicited commercial email, from being sent either: Over the Ennwise network, by clients or any other users of the Ennwise network (including the client's customers); AND/OR
over ANY network.
We react quickly and
seriously to violations, and we further reserve the right to terminate the
services of any client disregarding this policy. VPS customers may have their
accounts suspended without notice, depending on the severity of the incident.
Sending unsolicited commercial email (a.k.a. "spam"), cross-posting
messages to a large number of Usenet groups, posting obscene or threatening
messages while using or referring to an email address or web site URL on Ennwise’s network is prohibited. The use of Ennwise’s network as a mail drop for responses to
activities described above is also prohibited. Accounts cancelled due to spam
will be billed a "clean up" fee of $100 along with a potential fee of
$50 per mailing/complaint if they are deemed to be unresponsive to our
requests.
If you have any complaints or comments regarding spam on our
network, please email [email protected].
Note: Ennwise
explicitly reserves its right to act in accordance with this policy in all
instances. However, we will generally not suspend an account due to a single
violation. In general, we will first attempt to work with you to resolve the
situation. If problems persist or there is no cooperation the account may be
suspended and have the above charges applied. As a web host we understand you
may not have control of all your users/clients and we are more than happy to
work with you as long as you are cooperative. We give all clients the right to
defend themselves before accounts are permanently suspended or charged the
specified clean-up fees.
Content Policy
All services provided by
Ennwise may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in
violation of any American law is prohibited. This includes, but is not limited
to: copyrighted material, trademark, intellectual property, material that
promotes any illegal activity, or material protected by trade secret and other
statutes without proper authorization. Ennwise will
comply with all requirements of all Federal and State laws and regulations and
will comply with orders of any court of competent jurisdiction or regulatory
agency with authority over Ennwise or its business.
The subscriber agrees to indemnify and hold harmless Ennwise
from any claims resulting from such compliance or the use of the service which
damages the subscriber or any other party.
Examples of unacceptable content include, but
are not limited to, the following:
o
Pirated software,
including warez or any other commercial software which you do not have the
legal right to distribute;
o
Serial numbers and cd
keys for commercially available software which you do not have the legal right to
distribute;
o
Music (.mp3, .wma, .ogg, etc.), Movies and
Television shows (.mpg, .avi, .wmv,
etc.), images (.jpg, .gif, .png, etc.) or compressed
files or archives containing such files (.zip, .rar,
.tar, etc.) which you do not have the legal right to distribute;
o
Child pornography, rape,
or bestiality;
o
Security circumvention
software or archives;
o
Any content that
facilitates in identity theft, credit card fraud, or any other type of fraud;
o
Torrent files and
trackers that facilitate the download of any materials included in this list;
o
Any software that
facilitates any activity prohibited in this policy.
o
Bitcoin/Cryptocurrency
miners.
Any illegal activity may result in your site
being suspended immediately, without notification. Any sites breaking the above
rules will be subject to a $100 clean-up fee if they are deemed to be
unresponsive to our requests.
Ennwise will
be the sole arbiter as to what constitutes a violation of this provision.
Ennwise is a
strong believer in everyone's right to practice free speech and we do not feel
that it is our obligation to rid the Internet of any material which others feel
may be inappropriate or offensive. We feel that the right of free speech trumps
any other claims of content being inappropriate or offensive as those terms are
objective, while the laws of the United States are quite clear. As long as the
content is legal, we will not suspend your account without notice, though we do
reserve the right to refuse hosting to any party for any reason with proper
notice being given.
System and Network
Security
Violations of system or
network security are strictly prohibited, and may result in criminal and civil
liability. Ennwise investigates all incidents
involving such violations and will cooperate with law enforcement if a criminal
violation is suspected.
Examples of system or network security
violations include, but are not limited to, the following:
o
Introduction of
malicious programs into the network or server (example: viruses, worms, Trojan
Horses and other executables intended to inflict harm);
o
Effecting security
breaches or disruptions of Internet communication and/or connectivity. Security
breaches include, but are not limited to, accessing data of which the client is
not an intended recipient or logging into a server or account that the client
is not expressly authorized to access. For purposes of this section,
"disruption" includes, but is not limited to, port scans, ping
flooding, email-bombing, packet spoofing, IP spoofing and forged routing
information;
o
Executing any form of
network activity that will intercept data not intended for the client's server;
o
Circumventing user
authentication or security of any host, network or account;
o
Interfering with or
denying service to any user other than the client's host (example: denial of
service attack or distributed denial of service attack);
o
Using any program
script/command, or sending messages of any kind, designed to interfere with or
to disable a user's terminal session, via any means, locally or via the
Internet.
Inadequate security, insecure/unpatched
software, insecure passwords, etc. are not the responsibility of Ennwise. The client is responsible for assuring that their
account is as secure as possible and the account holder accepts all
responsibility for actions taken using their allocated resources, whether they
are authorized or not. The account holder on file agrees to be held responsible
for all bandwidth overage fees, clean-up fees, and managed service fees.
Scripting/IRC Policy
Ennwise
strictly prohibits the running of IRCd, eggdrop, or other IRC related scripts, programs, or bots
from VPS accounts. If you are running such scripts, programs, or bots you take
full responsibility for any and all costs that may be involved in resolving
such an attack, with a minimum fee of $50 per incident.
Backups
No guarantees are made
of any kind, either expressed or implied, as to the integrity of our backups.
It is the clients' responsibility to maintain local copies of their content and
other stored information. If loss of data occurs due to a failure on Ennwise’s part, we take reasonable action to recover the
data in-house at no charge to the client. If data loss occurs due to negligence
of client in securing their account, by an action of the client, or any actions
not under the direct control of Ennwise, Ennwise will have no liability.
User Information
It is the responsibility
of the client to assure that the complete contact and billing information
on-hand is up-to-date and accurate, including full mailing address and a list
of authorized contacts. Ennwise will contact users
via the email addresses and/or phone numbers entered by the user and will not
be held responsible for the accuracy of this information. Ennwise
provides a direct way for all users to verify this information through the
control panel.
Representation and
Warrantee of Age
You represent and
warrant that you are at least 18 years of age.
Force Majeure
Neither party will be liable for any delay, interruption or
failure in the performance of its obligations if caused by acts of God, war,
declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the
party affected ("Force Majeure"). If any Force Majeure occurs, the
party claiming the Force Majeure will promptly notify the other. The party
claiming the Force Majeure will use commercially reasonable efforts to
eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure
to make any payment when due.
No Waiver
No failure or delay in
enforcing any right or exercising any remedy will be deemed a waiver of any
right or remedy.
Severability
If any portion of this
Agreement is determined to be or becomes unenforceable or illegal, such portion
will be reformed to the minimum extent necessary in order for this Agreement to
remain in effect in accordance with its terms as modified by such reformation.
Entire Agreement
This Agreement supersedes all previous Agreements and Service
Agreement Addendums between the parties. This Agreement and any subsequent
Service Agreement Addendums constitute the entire agreement between the parties
regarding the subject matter hereof and supersede all proposals and prior
discussions and writings between the parties with respect thereto. EXCEPT AS
SPECIFICALLY PROVIDED IN THIS AGREEMENT, ENNWISE MAKES NO REPRESENTATION,
WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED
OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY,
DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND
THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR
USAGE OF TRADE.