Hosting Terms

E2WebHosts and EnablingBiz ESolutions reserve the right to add, delete, or modify any provision of this Policy at any time without notice.

USER AGREEMENT : E2webhosts and Enablingbiz Esolutions provide Domain Name Registration, Web site hosting, web site designing and Web based application development. All services provided by E2webhosts and Enablingbiz Esolutions may be used for lawful purposes only. E2webhosts reserves the right to refuse service and/or access to its servers to anyone. E2webhosts reserves the right to suspend or cancel any client's access to any portion or all of E2webhosts services, when E2webhosts deems that the account has been used inappropriately.

WEBSITE FILES & BACKUP :
E2webhosts does not provide free Web site development, consulting, programming, or debugging services. The client is responsible for keeping a complete and current copy of Web site files as backup on a remote system (not on E2webhosts servers). E2webhosts is not responsible for any lost files, information or data. Technologies does not guarantee to possess the most current copy of a client's Web site.

SUPPORT :
Technical support is provided via support tickets. All support tickets will be replied to within 24 hours. However, it may take a bit longer in some cases because of circumstances beyond the control of E2webhosts.

SYSTEM UPDATES :
The client understands that system updates occur in real time and as queued batch processes. For example, account Passwords are currently updated as queued batch processes; therefore the update does not occur in the system instantaneously. E2webhosts reserves the right to modify the processing times at any time without notice. If a client or E2webhosts support personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible for ensuring these updates have occurred in our system.

ILLEGAL ACTIVITIES :
including but not limited to storing and/or distributing illegal copies of copyright software, hosting/maintaining inappropriate sites, violating trademarks and copyrights, violating International laws, selling and/or distributing illegal contraband.

INTERNET ABUSE :
including but not limited to: spamming - mass unsolicited emailing, posting obscene or inflammatory messages, nudity, threatening other Internet users, and spamming our support staff. Any adult content will be put off the web server as and when or system notices and the client's account will be terminated without any refunds.

SYSTEMS ABUSE : including but not limited to using excessive CPU resources, using excessive disk space, attempting to gain access to root and other clients' accounts (hacking), installing continuously running programs, and reselling CGI scripts. E2webhosts does not censor our customers' Web sites, although our policy strictly prohibits adult sites. The determination of what is adult content & prohibited, shall be made solely by E2webhosts. Should a policy violation occur, E2webhosts reserves the right to terminate the account without notice and the client will be held responsible for any damages to E2webhosts' business, system, servers, connectivity, reputation, service, network, operations or equipment resulting from its actions including, but not limited to, government actions, vandalism, retaliation and claims of libel, unfair competition, infringement of patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy.

PAYMENT POLICY :
All services are provided on a prepayment basis. E2webhosts accepts Local Checks, Demand Draft, Credit Card payments and Paypal payments. Clients may pay in USD or INR. E2webhosts reserves the right to change the payment modes any time.

Late Payments: Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given 5 day grace period after which the account is put on suspension. Reactivation of closed accounts due to delinquency incurs a Rs.500/- OR usd 11 reactivation fee as well as payment of the balance due in full.

Account Cancellation: In order to protect our customers security and privacy, we only accept account cancellations via our Online Helpdesk by opening a new Support Ticket. Refund is not applicable unless cancellation request is made within the first 30 days of the account sign-up. Setup fees, payment collection fees, bank charges, credit/debit card transaction fees, when and where applicable, are non-refundable. Customer is obligated to pay for account even if it was not used. Because we have provided customer with usernames, passwords, DNS entries, control panel and full featured account with ability to use it. The fact that customer do not do so is not relevant - that is the reason customer is still obligated to pay for the account. Even an unused account uses valuable system resources that could be used for other customers. If customer have a past-due balance on account at the time account is closed (either by request or due to non-payment), the remaining balance must be paid before the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. We apply a Rs 2500/- or USD 55 collection fee to cover our costs in attempting to collect customer debt. If our internal collection efforts fail, we reserve the right to turn the account over to a third-party (either collection agency or attorney) for further action. Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

SERVER ABUSE : Any attempt to undermine or cause harm to a server, or customer, of E2webhosts is strictly prohibited. Unauthorized use of other people's accounts or computers, E2webhosts will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include but not limited to phishing, stealing passwords, security hole scanning etc. Any unauthorized use of accounts or computers by an E2webhosts customer, whether or not the attacked account or computer belongs to E2webhosts, 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.

Unsolicited Email (Spam):
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. Spamming accounts are liable to be suspended without any notification and erring client will be fined USD 250.

CGI Scripts : Each account comes with its own Universal cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning. Universal CGI-BIN means you can put your .pl files anywhere in your www directory.

Chat Rooms : We do not allow clients to install their own chat rooms, without approving it with the E2webhosts 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.

Abuse of SMTP Mail Server :
We only allow our clients to use our SMTP server without using any illegal techniques and any unauthorised use of our SMTP server such as spam mail is not allowed.

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 currently 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. All pricing is guaranteed for the term of pre-payment. E2webhosts reserves the right to change prices at any time, unless other terms have been agreed upon. E2webhosts reserves the right to change its rates or pricing policy at any given point of time but the customers who have paid for their account will continue with the same pricing for their current billing cycle for with they have paid for.

Indemnification :
Customer agrees that it shall defend, indemnify, save and hold E2webhosts harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against E2webhosts, 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 E2webhosts against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with E2webhosts' server; (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

Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion. All disputes are subject to Delhi Jurisdiction.

The following policies provide additional terms and conditions related to services we offer:

Fair Usage Policy : EnablingBiz ESolutions allows CGI, PHP, Perl & other scripting languages and databases to be used on all Servers. Scripts and databases can be resource intensive however, and because a Server must be shared with other users, we must limit how much of the CPU can be used by any one account on a shared server.

What does E2WebHosts/EnablingBiz ESolutions consider "Unfair Usage"?
Any site whose CGI/Perl/PHP/other scripting programs and databases are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. E2WebHosts/EnablingBiz ESolutions is the sole determinant of what constitutes degraded server performance.

Due to their use of flat files instead of databases, E2WebHosts/EnablingBiz ESolutions does not allow the use of UBB or YABB bulletin boards. Use of these boards for large or very active forums, results in system performance degradation, and cannot be allowed in our shared server environment. E2WebHosts/EnablingBiz ESolutions suggests using VBulletin or phpBB as a more efficient, database-driven alternative to these bulletin boards.

Why does E2WebHosts/EnablingBiz ESolutions have this policy?
Server Speed and Fairness to others A Server is shared. As such, there are many accounts per machine. In all fairness, E2WebHosts/EnablingBiz ESolutions cannot allow one or two clients to use all of the System resources on a shared machine and have all other clients on the machine suffer because of it. Excessive CPU usage by one or more clients causes extreme slowness in all areas: FTP, Email, Web Sites and more. If the CPU usage gets too far out of hand, all sites hosted and their dependent services, on the machine will return errors and may not be accessible in any way.

What happens if I violate this policy?
All accounts that are found to using excessive amounts of system resources will receive an email warning from E2WebHosts/EnablingBiz ESolutions. This warning will inform you that there is too much server resources are being consumed by the specified account and it may provide options for reducing the usage or your site to virtual or dedicated server of your own. If you do not reduce the usage within 24 hours of the email being sent, your site will be suspended. We can also disable any site without any email notice, if the usages are very high and their is no option left for notice period.

UCE / SPAM Policy : The abuse and misuse of e-mail is a serious problem, and E2WebHosts/EnablingBiz ESolutions will not tolerate it. Definition of UCE (Unsolicited Commercial E-mail), or SPAM:

The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to E2WebHosts/EnablingBiz ESolutions or any URL (domain) that is hosted by E2WebHosts/EnablingBiz ESolutions. Unsolicited postings to newsgroups advertising any IP or URL hosted by E2WebHosts/EnablingBiz ESolutions.

The use of webpages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by E2WebHosts/EnablingBiz ESolutions. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.

Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) website.

Repercussions of SPAM : Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice.

E2WebHosts/EnablingBiz ESolutions : SPAM is not only harmful because of its negative impact on consumer attitudes toward E2WebHosts/EnablingBiz ESolutions, but also because it can overload E2WebHosts/EnablingBiz ESolutions's network and resources, especially on our shared (virtual) server environments.

Our Providers : Since it is unsolicited, users who receive SPAM often become angry and send complaints to our upstream providers. This upsets our providers who abhor SPAM for the same reasons that E2WebHosts/EnablingBiz ESolutions does - it causes negative consumer attitudes and drains resources. We strive to maintain favorable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.

Punishment For SPAM : E2WebHosts/EnablingBiz ESolutions reserves the right to terminate, without warning, any account that violates this policy. Usage of E2WebHosts/EnablingBiz ESolutions services constitutes acceptance and understanding of this policy.

Use of the E2WebHosts/EnablingBiz ESolutions service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate suspension of the offending website on our Servers. You cannot use the web site (URL) hosted on our Servers in Bulk/SPAM email messages, even if you are sending those messages via other ISP. We reserve the right to suspend or terminate, any account, with or without notice, if we receive any SPAM complaint. E2WebHosts/EnablingBiz ESolutions may, at its option, charge $25.00 per SPAM complaint we receive for both Dedicated and Virtual Server customers. Resellers will be charged for resold accounts, receiving SPAM complaints. Reseller may choose to pass this charge down to their client. These are non-refundable charges and will be invoiced at the time of complaint notification.

E2WebHosts/EnablingBiz ESolutions reserves the right to decide what it considers "SPAM", "UCE", "mail bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list.

Should you choose to e-mail from E2WebHosts/EnablingBiz ESolutions servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing e-mail abuse.

Basic Mailing List Management Principles for Preventing Abuse
Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool.

Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to e-mail. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.

1. The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.

Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.

Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.

Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.

Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.

Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.

2. Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.

*This SPAM (UCE) Accepted Use Policy and all other Disnol policies are subject to change by E2WebHosts/EnablingBiz ESolutions without notice. Continued usage of the services after a change to this policy is implemented and posted on the E2WebHosts/EnablingBiz ESolutions site constitutes your acceptance of such change or policy. We encourage you to regularly check the E2WebHosts/EnablingBiz ESolutions site for any changes or additions. Visit our Terms & Conditions for further information regarding our policies.

Bandwidth Usage Policy : While purchasing a hosting account with E2WebHosts/EnablingBiz ESolutions, you are allotted a portion of bandwidth per month. You can use this bandwidth for anything you want besides things not permitted as outline in the Terms & AUP. If you go over your allotted amount of bandwidth in a given month, your account may be suspended by Server Monitoring Softwares automatically, and you will be expected to pay for the additional bandwidth.

We provides a bandwidth estimate figure in your control panel. This is an estimate and is provided from the server level. Actual account bandwidth usage is measured for billing purposes at the port level.

This policy exists because many users offer files for download via FTP which is not otherwise measured by the server directly at this time. Please note that because the bandwidth is monitored at the port, any and all traffic for your Web Site is tracked including, but not limited to: FTP uploads and downloads, mail sending and retrieval, normal Web traffic, etc. Everything that is pushed from our server to a third-party's machine is considered bandwidth and will be measured.

We have designed this policy because many users find that hosts offer "unlimited" bandwidth only to find out that it has a very real bandwidth limit. Further, they place restrictions on what you can use the bandwidth for (i.e. no image galleries because they are a large source of bandwidth consumption). We tell you up-front how much bandwidth you are allocated each month and you have the full amount to use.

If you are unsure of your bandwidth usage prior to moving your site to E2WebHosts/EnablingBiz ESolutions, please contact us. We would be happy to review current statistics of your website, to help you choose the right package.

* By submitting your order or signing up for our services, you are accepting the above terms of service.
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