The use of services from Eco Chic Hosting.com [hereafter referred to as "Eco Chic Hosting"] constitutes agreement to these terms.
1.) We only host family friendly sites!
We will not host any site that promotes, partners, advertises, or has content that is hateful, pornographic or illegal activity. Anything Eco Chic Hosting deems inappropriate will be removed at once. Please be advised that we do NOT
allow the following to be published or transmitted:
- constitutes child pornography;
- constitutes pornography;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person's privacy;
- creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- clearly infringes on another person's trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable
- is otherwise malicious, fraudulent.
2.) 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) in case 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. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
All services provided by Eco Chic Hosting may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless Eco Chic Hosting 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.
Examples of unacceptable material on all of our Servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content is prohibited.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us 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.
Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
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.
4.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" 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, 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.
Eco Chic Hosting 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.
Eco Chic Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Eco Chic Hosting.
You agree to supply appropriate payment for the services received from Eco Chic Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify Eco Chic Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of Eco Chic Hosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.
- Invoice Date:
Invoices are generated 5 days prior to the due date of the payment. Reminders are generated 2, 5 and 8 days after the due date.
- Late Fee:
Clients with an unpaid invoice on the 6th day, will result in a $7 late fee.
Clients with an unpaid invoice on the 10th day, will result in account suspension until account balance has been paid in full.
Accounts that have been suspended for 20 days due to non-payment will result in account termination and lose of accounts data stored on Eco Chic Hosting server.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@Eco Chic Hosting.com
Eco Chic Hosting reserves the right to change the monthly payment amount and any other charges at anytime.5.1.) Fee Increase
Eco Chic Hosting reserves the right to change the monthly, quarterly and yearly payment amount and any other charges at anytime. A Fee Increase for services effective the first day of a Renewal Term. Client will be notify 60 prior to fee increase via email.
|6.) ECH Shoppe Creator|
ECH Shoppe Creator is licensed per domain. The first domain license is free with all hosting packages. A separate cart license is required for each domain name change, Sub-domains and Add-on you wish the ECH Shoppe Creator added. Each additional domain, sub-domain and add-on domain will incur a non-refundable flat $100. licensing fee and a one time $50. set up fee.
License to use the ECH Shoppe Creator software on Eco Chic Hosting servers only. The software is the property of Eco Chic Hosting and is subject to all copyright laws. You may not copy, reproduce, duplicate, modify, alter or move the software from Eco Chic Hosting servers.
|7.) Backups and Data Loss|
Your use of the service is at your sole risk. Eco Chic Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Eco Chic Hosting servers. We do not create backups of your site for you. You are responsible for backing up your own site files, emails, images and content.8.) Third Party Services
You are responsible for third party templates, third party payment processors or other third party services. Eco Chic Hosting is not be liable for any loss, damage or other matters that may incurred as the result of any third party products or services.
9.) Cancellations and Refunds
Eco Chic Hosting reserves the right to cancel the 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.
Termination of services by the client must be requested by logging into your client area, clicking on "Hosting" and then clicking the "view details" button (for each account) and then clicking on the "Request Cancellation" button. Telephone, email requests or any other means will not be honored. as we will not be able to verify your identity. Eco Chic Hosting gives you an unconditional 30 day money back guarantee on hosting accounts. Set up fee is Non-refundable! Refund requests after the initial 30 days will be refunded on a prorated basis for clients that pay quarterly or annually for any unused months. Month to month payments are not refunded.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
|10.) Bandwidth Usage and Disk Space|
10.1) Bandwidth - 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. Bandwidth allowance is alloted from the first day of the month to the last day of the month.
10.2) Disk Space - You are allocated a Dick Space allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount, you will not be able to write any new information to your disk space until you delete some files or upgrade your account. Meaning you will not be able to upload images, files nor will you be able to receive any new emails. Your hosting account will not be able to hold new emails. The emails will all bounce.
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Eco Chic Hosting.com, and the right to increase the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold Eco Chic Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Eco Chic Hosting, 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 Eco Chic Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Eco Chic Hosting; (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 Eco Chic Hosting's server.
By using any Eco Chic Hosting services, you agree to binding arbitration. If any disputes or claims arise against Eco Chic Hosting or its subsidiaries, such disputes will be handled by an arbitrator of Eco Chic Hosting'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.
Eco Chic Hosting shall not be responsible for any damages your business may suffer. Eco Chic Hosting makes no warranties of any kind, expressed or implied for services we provide. Eco Chic Hosting 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 Eco Chic Hosting and its employees.
|14.) Disclosure to law enforcement|
Eco Chic Hosting 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.
15.) Mail Policy
There is a 500 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.
Many of our servers have a limit of 30 POP3/IMAP checks per hour per each user's connecting IP address. If you go over this you're likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.
Any mailing list larger than 5,000 addresses will require a dedicated server or VPS hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed.
Mailing Lists Rules
1. Any time you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 8 seconds. (Sending 1 every 8 seconds would send 450 emails within 1 hour, keeping you below the 500 outgoing email limit.) If the mailing list software you're using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your CPanel under Fantastico.
IMPORTANT: If you do not throttle and you try sending 500 emails, the server will try sending all 500 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server's load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.
2. Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM - 8AM Eastern Standard Time, Monday through Friday.
3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.
Email Scripts must be able to handle and document all information from a double opt-in list. This includes processing opt-outs (via web or email) and list removal on bounce backs. All opt-outs or bounce back removals must be handled in a timely manner, and outbound mail must be throttled on shared packages to a maximum of five hundred (500) emails per hour. If your account is found to be using a script that does not meet these requirements, HostGator reserves the right to suspend, terminate, or deactivate your script or account.
4. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.
5. Any mailling list MUST comply with all guidelines set forth by the United States government. These can be found at:
6. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.
Changes to the TOS
Eco Chic Hosting reserves the right to revise its policies at any time without notice.