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Terms & Conditions for Web Hosting Accounts

General Conditions of Use

EicraHost Internet provide Internet access and use of server space for email accounts and for hosting of web and WAP sites. EicraHost Internet reserve the right to suspend, restrict or terminate any customers account where the customer is in breach of this agreement.

We reserves the right to suspend or cancel a customer's access to any or all services we provided when we decide that the account has been inappropriately used. In short:


No adult content (Pornography)
No online gambling
No Spam, No unsolicited e-mailing
No Warez, cracks, copyright infringement


Use of Web Hosting Accounts

Accounts are to be used only by the purchaser / purchasing company. Account holders must not resell or give away web / WAP space or email accounts to other parties, other than the acceptance of advertisements. All web and WAP space and email accounts must remain in total control of the account holder.

Each web hosting account may be used for only one website. Hosting of two or more websites on the one web hosting account is prohibited. Subdomains (where provided) may be used as an extension of the main website or as a WAP site to run alongside the main website. Subdomains may not be used to host additional websites.


Prohibited Use

EicraHost Internet prohibits the use of its servers for :

  • Illegal material, such as commercial audio, video or music files or any other copyrighted works, for which the account holder does not have the permission of the copyright holder, or any other material in violation of UK Law
  • Adult material, such as pornography, erotic images or otherwise lewd or obscene content
  • Racist, defamatory, obscene, indecent or other unlawful material
  • 'Warez', such as pirated software, ROMS, emulators, instructions or software for phreaking, hacking, password cracking or IP spoofing etc
  • Sites engaging in or promoting pyramid sales, Multi Level Marketing or similar activities
  • Engaging in illegal activities

Account holders will not post (nor allow to be posted) web or WAP pages containing such material or links to such material, nor shall they store such material in their server space, nor shall they transmit such material by email or any other means.


EicraHost Internet reserve the right to determine whether any material or use is prohibited.

EicraHost Internet reserve the right to remove any such material without warning and suspend or terminate accounts without refund or notice.


Spam (unsolicited email)

EicraHost Internet prohibits spam (the sending of unsolicited bulk email). EicraHost Internet will terminate any account, without refund, for which the account holder has sent unsolicited bulk emails.


Payment for Web Hosting Accounts

All web hosting accounts are sold on a one year prepay basis. The full payment for a full year's service is required at the time of placing your order.

Payment can be made online by credit or debit card using the secure payment facilites, or the purchaser can print the order form and post it to us with payment. If the customer pays online, then the customer will receive an invoice / VAT receipt by email at the time of purchase. If payment is sent by post, then upon receipt of the order and payment, we will send an email invoice / VAT receipt to the customer.

The renewal date for accounts will be one calendar year from the date of purchase or the date of previous renewal. Account renewal reminders will be sent by email about one calendar month in advance of renewal date. Payment must be received prior to renewal date. Failure to pay within these time limits will cause suspension of the account or additional facilities until payment is received.

Payments made online can be made in UK Sterling, US Dollar, or Euro. Postal payments must be made in UK Sterling.


Upgrading Web Hosting Accounts

At any time, account holders may upgrade their web hosting accounts by purchasing additional facilities. Account holders can choose to have the upgrade take effect immediately or to have it take effect from the renewal date. If from the renewal date, then the renewal invoice will be adjusted to include the upgraded features. If immediate, then the account holder will be invoiced for the upgrades as for a new account, and payment will be due immediately.

Upgrades made part way through the term of the hosting account will be charged at the full rate as if they were ordered as part of the original hosting account. An upgrade made part way through the term of a hosting account will be valid only until the renewal of the hosting account.


Data Transfer (Bandwidth) and System Resources

All web hosting accounts should remain within the agreed data transfer (bandwidth) allowance for the account. EicraHost Internet accept that there are times when sites may unexpectedly exceed data transfer allowance for short period of time. EicraHost Internet will not impose any penalty for such breaches of data transfer allowance providing that these breaches are small, are not frequent, and are not sustained. EicraHost Internet reserve the right to determine what constitutes small, sustained or frequent breaches of data transfer allowance.

Many domains have to share the various resources (processors, memory, etc) available on the servers. EicraHost Internet believe that no single domain should use excessive amounts of resources, as this may jeopardise server performance for the other domains.

In the event that an account is deemed to be using excessive data transfer (bandwidth) or resources, EicraHost Internet may suggest action to reduce bandwidth or resource use, or suggest moving the website to its own dedicated server.

Account holders may also be subject to additional costs due to excessive data transfer or resource use. These costs will be agreed between EicraHost Internet and the account holder.


Cancellation, Termination and Refunds of Web Hosting Accounts

All web hosting accounts are for a period of one calendar year from the date of ordering or renewal. Fees are charged on an annual pre-pay basis and are non-refundable.

Account holders may terminate their accounts simply by not using them or by not renewing them. Failure to use or renew an account is deemed to be a termination of customers choice. No refund will be given where customers terminate or cease to use their account prior to the end of the term of the hosting account.

In the event that EicraHost Internet finds an account is in breach of the prohibited uses, then that account may be terminated without notice. No refund for the remainder of the year will be given.

In the event that an account exceeds data transfer or resource allowances and an agreement cannot be reached between EicraHost Internet and the account holder, then EicraHost Internet may terminate the account. In this case, EicraHost Internet may provide a refund for the remaining unused part of the year, subject to an administration fee of £10.00 + VAT.

In the event that EicraHost Internet is to refund full or partial payments, refunds will be made by the same means in which the original order was placed. Customers who paid by credit or debit card will be refunded directly to their credit or debit cards. Customers who paid by cheque will be refunded by cheque. All refunds will be made within 30 days of agreement to make a refund.

UK Customers Only : Under the terms of The Consumer Protection (Distance Selling) Regulations 2000, consumers have a "cooling off" period of 7 working days from the date that the order is placed in which they may cancel orders placed by distance contract. However, this right to cancel does not apply where service provision begins before the end of the cooling off period. All web hosting accounts provided by EicraHost Internet begin the same day that the order is placed, normally within 2 hours of ordering. Therefore, the consumer's right to cancel and receive a full refund will not apply once service provision has begun. Commencement of service will normally be the time at which your account activation notice is sent.

The Consumer Protection (Distance Selling) Regulations 2000 do not apply to business-to-business transactions, nor to transactions with businesses or consumers outside the UK.


Liability

EicraHost Internet will not be responsible for any loss or damage your business may suffer. EicraHost Internet make no warranties, expressed or implied, for any services we offer.

Customers shall indemnify and hold harmless EicraHost Internet from any and all demands, liabilities, losses, costs, and claims, including all legal fees, asserted against EicraHost Internet and it's agents, customers, officers and employees, that may arise from any service provided or performed or agreed to be performed, or for any product sold by EicraHost Internet, it's agents, customers, officers or employees.

EicraHost Internet will not be responsible for any loss or damage caused by infringement of copyright or proprietary rights, supply of defective goods or services, any loss or damage (personal or business), caused by customers of EicraHost Internet.


Changes and Amendments

EicraHost Internet reserve the right to amend and/or change these Terms and Conditions without notice.




Specific Acceptable Use Policies


Server abuse

Any attempt to undermine or cause harm to a server, or customer, of us is strictly prohibited.


Unauthorized use of other people's accounts or computers

We will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a customer, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.


Abuse of Unlimited Traffic and/or Unlimited Storage

Our customers are privileged to be offered unlimited traffic and/or unlimited storage for their web sites. The intention is to provide a large space to serve web documents, not an offsite storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on our server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of our management. Any customer who violates our Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted 2 day period, the client will be billed for the overages.


To maintain the integrity of our service the following limitations apply:

  • Sites with Banners, graphics or cgi scripts running from their domain used on other domain
  • Sites with picture galleries (This is any site where 50% of the files transferred is graphics)
  • Sites offering download files or archives. (This is any site where more than 50% of the monthly traffic is from file downloads)
  • Sites using more than 30% of system resources, included but not limited to CPU and memory
For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 2GB per month. Thereafter, extra data transfer cost of $20.00/1GB/month will be billed to your account.


We will be the sole arbiter as to what constitutes a violation of this provision

Commercial advertisements with e-mail


Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation.

Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.


Chat Rooms

We do not allow clients to install their own chat rooms, without approving it with the Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.


Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.


IRC

We do not allow IRC or IRC bots to be operated on our servers.


Payment Policies

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes. All pricing is guaranteed for the term of pre-payment. We reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us in writing for a request for termination of services.


Cancellation

We reserve the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by us if we institute our right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of our web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount including setup fees but excluding overages. Domain Registration fees are not refundable at all. If the web hosting plan includes a free domain name registration, when cancelled an amount equal to the regular domain name registration fee will be charged. For web hosting contracts of 3 months or less, the full contract amount less any domain registration fees and overages will be refunded if we are notified within the first 30 days following activation. No refund is available after the 30th day. For web hosting contracts longer than three months, a refund equal to one half of the contract amount less any domain registration fees and overages will be given if we are notified prior to the first day of the second half of the contract term. For example, on a twelve month contract we must receive the notice of cancellation prior to the first day of the sixth month of the contract. No refunds will be given once the second half of the contract term has begun. This policy does not apply to any additional services such as overages, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done in writing via mail or fax with a valid signature of the primary contact of the account, account name, reason for cancellation. We also accept account cancellation submitted from the registered email address of the account holder. Phone requests will not constitute acceptance of any cancellation. If payment was made by check or bank transfer, payment will be made by company check within 15 days of receipt of cancellation.


Lawful Purpose

We reserve the right to refuse service to anyone. Customers may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. We expressly forbid anyone from using servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of our management.


Indemnification

Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our 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 us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (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 customer from our servers.


Disclaimer

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by our Web hosting service and our employees. We reserves the right to revise the policies at any time.


Termination

  1. This Agreement may be terminated by either party, without cause, by giving the other party 7 days written notice. Notwithstanding the above, Web and Print Design may terminate service under this Agreement at any time without penalty if Client fails to comply with the terms of this Agreement.
  2. In the event that it becomes necessary for Web and Print Design to enforce the terms of this agreement Web and Print Design shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs, and attorney's fees.
Acknowledgement and acceptance of this agreement is required for an account to be setup at Web and Print Design. By signing-up for hosting services you indicate that you have read and understand this service agreement in it's entirety and agree to be bound by it's content.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.

The parties agree that this agreement shall be governed by and be interpreted according to the laws of the Commonwealth of Bangladesh, and International laws enforceable by way of treaty. Any and all actions regarding or relating to this agreement shall be brought about in the State of Dhaka, Bangladesh.

All end-users, resellers and dedicated servers of us must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.