Terms and Conditions
Acceptable Use Policy
In order to sign up for Ekovista's hosting, cloud servers and services plans, we ask that you agree and abide by the policies written below.
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Ekovista.com reserves the right at all times to prohibit activities that damage its commercial reputation and or good will.
All adult oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
Ekovista's servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Copyrighted Mp3's".
We will notify all appropriate parties including federal and law enforcement agencies of Illegal Use violations.
Fees & Payment Policies
As a consideration for Services provided by Ekovista you are responsible for all fees and charges under this Terms and Conditions.
- All new and existing accounts are setup and billed on a anniversary basis.
- All payment is expected in U.S. currency.
- Accounts that are past due will be suspended within 72 hours of credit card failure notice.
- Accounts may be charged at anytime during the month of which the invoice is due. If the transaction is run at least 3 times, and the client fails to update the credit card, the account will be suspended and or terminated without further notice.
- All new accounts are billed on the anniversary date of the account being setup.
- Ekovista.com reserves the right to change prices at any time without notification to customer.
- Service fees do accrue during any period of suspension.
- No receipts or invoices will be sent by regular mail.
- The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Ekovista.com in writing for a request for termination of services.
- Checks returned unpaid (NSF) will be accessed $50.00 service charge.
- In the event the credit card does not clear, the customer will be notified by e-mail. Past due accounts that are not brought current within 3 days of the e-mail notice are subject to suspension and possible account termination.
- At no time will Ekovista.com allow a website to be operational past the last day of the pre-paid date of services. If user fails to update the account information, Ekovista.com will suspend the account without further notice and consider the account closed.
- Check or money order orders may be approved by Ekovista.com. on a per case basis.
Account in Good Standing
Ekovista reserves the right to cancel your account at anytime due to non-payment of invoices. If your account is not paid in full you will not have the right to access, download or have your web site files. Your account must be in good standing before we can make your web site files available to you.
Cancellation of Service / Account
Ekovista requires 30 days notice to cancel or terminate any service by giving Ekovista written notice via the cancellation form provided. You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. The cancellation form must be subitted by logging in via your account, select services then select the service you would like to cancel. Click on Request Cancellation and complete the form.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you by email that your account has been canceled. Your cancellation confirmation will contain a ticket number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received...." Ekovista.com will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone 888.443.8892. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of that site.
Ekovista offers email accounts, be it pop or imap accounts, email forwarders/aliases, or autoresponder, on most of its accounts. Email accounts are for clients use only. It may not be freely distributed nor sold to others. Clients may, at their sole discretion, use email accounts for their immediate family members. Mid sized or large corporations may not distribute email accounts to all their employees. If you are a mid sized or a large corporation, please contact an account representative about hosting corporate mail servers for your company.
Misuse of System Resources
It is a violation for anyone who, including but not limited to, uses excessive amounts of cpu or memory usage. Any client using excessive system resources may be charged additional fee's. If a client is in violation of this policy, a representative will notify them about possible remedies and or additional fees.
Each account comes with free data transfer. If client uses an excessive amount of bandwidth then a special arrangement must be made for allocating such bandwidth as required which could result in additional costs.
System and Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liabilities. This includes, but is not limited to, Unauthorized access, use, probe, or scan of a system in our network. Interference with service to any user, host, server or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks is strictly prohibited. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting is strictly prohibited.
Consequences of Violation
When Ekovista becomes aware of an alleged violation of its Acceptable Use Policy, Ekovista will initiate an investigation. During the investigation Ekovista may, at our sole discretion, restrict client's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, we may, at its sole discretion, restrict, suspend, or terminate client's account and/or pursue other civil remedies. If such violation is a criminal offense, Ekovista will notify the appropriate law enforcement agencies of such violation.
Ekovista does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
With respect to the service to be provided hereunder, client acknowledges that Ekovista makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose.
As a result, client agrees that Ekovista shall not be liable to client or any of its customers for any claims or damages which may be suffered by client or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by fault or negligence. Client hereby agrees to indemnity and hold us harmless from any and all claims of whatever nature brought by client or any of client’s customers against us.
Scope of Authority
Clients has no authority, apparent or otherwise, to contract for, or on behalf of Ekovista, or in any other way legally bind Ekovista in any fashion, nor shall client be authorized to make any representations about Ekovista, its subsidiaries, or its services other than to reiterate to its clients Ekovista's responsibilities as outlined in this agreement.
Limitation of Liability
Our specialists always use reasonable efforts to ensure no data loss or down time occur. Ekovista assumes no liability or responsibility for any damages or loss of business (including without limitation, damages for loss of business profits, business interruption, or business information), even if Ekovista.com, Inc. has been advised of the potential for such damages.
Ekovista reserves the right to add, delete, or modify any provision of this Policy at any time without notice. Ekovista will be the sole arbiter as to what constitutes a violation of any provision in this policy. Ekovista may also, at its own discretion, modify any plan features or pricing on any plans. Prices subject to change without notice.
Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
These Terms and Conditions supersede all previous representations, understandings oragreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of our Services constitute acceptance of these Terms and Conditions.
Reporting Network Abuse
Any party seeking to report any violations of our policy may contact our abuse department at firstname.lastname@example.org.