Important Legal Agreements
Ekovista.com provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Ekovista.com are subject to the following terms of service:
You agree to use all Ekovista.com services and facilities at your own risk. Ekovista.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Ekovista.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold Ekovista.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Ekovista.com, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Ekovista.com against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Ekovista.com's server.
Ekovista.com reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Ekovista.com's server. Ekovista.com shall be the sole judge of what violates this Policy.
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.com 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.com you are responsible for all fees and charges under this Terms and Conditions.
All new and existing accounts are setup and billed on an anniversary basis. Each account is billed 16 days ahead of the anniversary date and payment is processed 12 days before the due date. Payments are processed twelve days in advance to allow for any credit card issues or payment issues to be rectified befoe the actual due date.
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.
We accept Visa, Master Card, American Express, Discover Card and PayPal. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
Account in Good Standing
Ekovista.com 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.
All accounts are billed according to the dates they were first activated on. A late payment fee of 10% is charged for payments 5 days past due. If payment is not received for service renewals within 5 days after deactivation, your account will be suspended. If payment is not received for service renewals within 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days before deactivation.
Cancellation of Service / Account
Ekovista.com requires 30 days notice to cancel or terminate any service by giving Ekovista.com 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.
Acceptable Use Policy
All services provided by Ekovista.com may 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 City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Ekovista.com and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Ekovista.com servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
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.com 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.com becomes aware of an alleged violation of its Acceptable Use Policy, Ekovista.com will initiate an investigation. During the investigation Ekovista.com 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.com will notify the appropriate law enforcement agencies of such violation.
Ekovista.com 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.com 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.com 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.com, or in any other way legally bind Ekovista.com in any fashion, nor shall client be authorized to make any representations about Ekovista.com, its subsidiaries, or its services other than to reiterate to its clients Ekovista.com responsibilities as outlined in this agreement.
Limitation of Liability
Ekovista.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Ekovista.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, Ekovista.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Ekovista.com servers. All damages shall be limited to the immediate termination of service.
Our specialists always use reasonable efforts to ensure no data loss or down time occur.Ekovista.com 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.com reserves the right to add, delete, or modify any provision of this Policy at any time without notice. Ekovista.com will be the sole arbiter as to what constitutes a violation of any provision in this policy. Ekovista.com 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.
Ekovista.com cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Ekovista.com are resold. Thus, certain equipment, routing, software, and programming used by Ekovista.com are not directly owned or written by Ekovista.com. Moreover, Ekovista.com holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Ekovista.com sees fit. FURTHERMORE, Ekovista.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.