Terms and Conditions

Download PDF

ECWebDesigns Terms and Conditions

This is an agreement (“Agreement”) between ECWebDesigns and ECWebDesigns.com, as well as its partners and affiliates on the one hand, and the user of ECWebDesigns’s products and services on the other hand. In this Agreement “you” and “your” refer to you or any agent, employee, servant or person authorized to act on your behalf. “We”, “us” and “our” refer to ECWebDesigns as well as its subsidiaries and sister companies (collectively, “ECWebDesigns”). This Agreement explains our obligations to you, and explains your obligations to us for various services offered by ECWebDesigns. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional ECWebDesigns service(s) or products or to cancel your ECWebDesigns services (even if we were not notified of such authorization), this Agreement covers such service or actions. If you fail to abide by the terms and conditions in this Agreement, ECWebDesigns may, in its sole discretion, choose to terminate or suspend your account.

 

  1. Term of Agreement; Modification.You agree that ECWebDesigns may modify this Agreement and the services it offers to you from time to time. Your continued use of ECWebDesigns services or products after such modifications constitutes your continued agreement to be bound by those modifications. If you have purchased services or products from ECWebDesigns, this Agreement shall continue in full force and effect as long as you take advantage of and use the products or services.

 

  1. Accurate Information.You agree to maintain accurate information by providing updates to ECWebDesigns, as needed, while you are using ECWebDesigns’s products and services. You agree you will notify ECWebDesigns within five (5) business days when any change of the information you provided as part of the application and/or registration process changes. If, for whatever reason, you fail to respond within five (5) business days to any inquiries made by ECWebDesigns to determine the validity of information provided by you, such failure will constitute a material breach of this Agreement. If you provide any information that is inaccurate, not current, false, misleading or incomplete, or if ECWebDesigns has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading or incomplete, ECWebDesigns has the right, in its sole discretion, to terminate its services and close your account.

 

  1. You can view ECWebDesigns’s Privacy Policy, which is incorporated herein by reference, as it is applicable to all ECWebDesigns products and services. The Privacy Policy sets out your rights and ECWebDesigns’s responsibilities with regard to your personal information. ECWebDesigns will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

 

  1. Prohibited Activities:
  • You agree to generally follow the rules of “Netiquette” when posting or transmitting any content or communications.  You agree not to engage in unacceptable use of any of ECWebDesigns products and/or services, which includes, without limitation, use of ECWebDesigns products and/or services to: (i) disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email or unreasonably large volumes of email on a daily basis, provided, ECWebDesigns, in its sole discretion, may permit you, if you have a legitimate purpose and after written request, to send more email than ECWebDesigns’s standard SMTP relay limit; (ii) disseminate or transmit any material that is abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right or privacy right of any third party; (iv) create a false identity or to otherwise attempt to mislead any party as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization; (vii) disseminate or transmit any virus, Trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) engage in any other activity deemed by ECWebDesigns to be in conflict with the spirit or intent of this Agreement or any ECWebDesigns policy; (ix) use ECWebDesigns products or services for any other harmful or illegal purposes, including piracy and hacking-related activities; or (x) use your server as an “open relay” or similar purposes. This includes but is not limited to pirated software, hacking programs or archives, warez and mp3 sites and IRC bots.
  • If ECWebDesigns discovers child pornography on any services provided to you, your account will be immediately terminated without refund. Your personal details will be passed to law enforcement authorities and we will assist fully with law enforcement authorities around the world to seek charges against you.
  • ECWebDesigns does not permit any type of hacking, denial of service, distributed denial of service, sniffing, spoofing, password cracking or similar malicious activities to be performed on or by its products or services. You acknowledge that participation in any of these activities will result in immediate termination without refund. ECWebDesigns may involve law enforcement authorities if we deem necessary.
  • Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
  • It is a violation for anyone to employ posts or programs which consume excessive CPU time or storage space; permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for the user’s own account; or resell access to CGI scripts installed on our servers. ECWebDesigns prohibits the running of a public recursive DNS service on any ECWebDesigns server. All recursive DNS servers must be secured to allow only internet network access or a limited set of IP addresses. ECWebDesigns actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.
  • You are responsible for ensuring that there is no excessive overloading of ECWebDesigns’s DNS system or servers. In the event that you exceed your allotted bandwidth and thereby overload ECWebDesigns’s DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use ECWebDesigns’s servers and your server account as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and ECWebDesigns reserves the right to immediately remove sites that contain information about hacking or links to such information. Use of your server account as an anonymous gateway is prohibited, as is your use of ECWebDesigns products and/or services to restrict or inhibit any other user from using and enjoying the Internet. You acknowledge and agree that ECWebDesigns has the right to remove Your server content temporarily or permanently from its dedicated servers if ECWebDesigns is the recipient of activities that threaten the stability of its network.
  • You agree not to provide free services such as free hosting, free subdomains or free email accounts. Account holders found violating this section will be terminated immediately and all payments forfeited.

 

  1. Storage and Security.At all times, you shall bear full risk of loss and damage to your server and all of your server content. You are entirely responsible for maintaining the confidentiality of your password and account information. ECWebDesigns will not change passwords to any account without proof of identification that is satisfactory to ECWebDesigns, which may include written authorization with signature.  You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the server or any of your server content displayed, linked, transmitted through or stored on the server. You are solely responsible for undertaking measures to: (i) prevent any loss or damage to your server content; (ii) maintain independent archival and backup copies of your server content; and (iii) ensure the security, confidentiality and integrity of your server content transmitted through or stored on ECWebDesigns servers.  The services offered by ECWebDesigns are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. ECWebDesigns shall have no liability to you or any other person for your use of ECWebDesigns products and/or services in violation of this Agreement.

 

  1. Non-exclusive License.If you have licensed software from ECWebDesigns, ECWebDesigns grants you a limited, non-exclusive, non-sublicensable, non-transferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter, make any unauthorized copies of, or otherwise modify the software. You agree you are not authorized to combine the software with any other software program, create derivative works based upon the software, or integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
    ECWebDesigns reserves all rights to the software except as expressly provided in this section. The software and any copies you are authorized to make are the intellectual property of ECWebDesigns. The source code and its organization are the exclusive property of ECWebDesigns and the software is protected by copyright law.

 

  1. ECWebDesigns Account.ECWebDesigns will host an account for you corresponding with the purchased, leased or provided domain name(s) and for the period of time corresponding with the payment plan chosen by you. The contract will automatically renew at the end of The Term unless otherwise specified by you. Once the account cancellation request is received and we process the request, this Agreement is officially terminated. We reserve the right to remove the account from the web server at any time thereafter. ECWebDesigns will NOT host the site for any time period left once the cancellation request has been received and processed. It is your responsibility to make sure that you and your respective clients have access to all their files and relevant data before initiating the cancellation request. ECWebDesigns shall not be responsible for any loss of data once the account recurring billing has been cancelled.

 

  1. Safe Use. ECWebDesigns reserves the right to select the server for Account Holder’s website for best performance. You understand that the services provided by ECWebDesigns are provided on a shared server. In order to keep our servers running at optimal levels, any sites running a process that uses more than 25% of all available system resources for 60 seconds or longer will be required to move up to VPS Hosting or Dedicated Server solution, or to be hosted elsewhere. This upgrade may result in an automatic upgrade to a higher-level pricing plan corresponding with the elevated use requirements. Alternatively, ECWebDesigns reserves the right to suspend services on that specific account until the higher usage may be accommodated. A failure by You to agree to and comply with the terms of this provision may result in the termination of the services provided to You without any refunds of the unused prepaid portion of the fees.

 

  1. Third Party Content.If you elect to sell or resell advertising or web space to a third party, then you will be responsible for the contents of that advertising and the actions of that third party. Although ECWebDesigns has no obligation to monitor third party content, ECWebDesigns has the absolute right to reject any advertising or other third-party content that is illegal, offensive or otherwise in breach of the then current ECWebDesigns policy or agreement. Such content may result in the suspension or in the immediate termination of your account. You are responsible for monitoring all domain transfers, renewal and orders. In the event that an error occurs the account holder must notify ECWebDesigns immediately of the error. In no event shall ECWebDesigns.com be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.

 

  1. Backup Restoration. If your account was cancelled or suspended for non-payment and you still need your data to take with you there is a $10 per incident charge for all inquiries regarding previous services and / or support. We generally keep backups available for a period of 30 days after account cancellation but can provide no guarantees on the actual length of availability of a backup.

 

  1. Web Hosting Usage Restrictions
  • No script or piece of software may use 25% or more of system resources for 60 seconds or longer
  • No user may have above 5,000 opened files at any moment (the limit does not apply to overall number of existing files, owned by the user)
  • The number of emails sent from all email accounts at the same domain name cannot be more than 200 per hour
  • Running stand-alone, unattached server side processes/deamons is strictly prohibited
  • Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited
  • Running any bit-torrent / P2P application is strictly prohibited
  • Running cron scripts with intervals of less than 15 minutes, or setting up more than 5 simultaneous cron jobs is strictly prohibited
  • Running of public file exchange services is strictly prohibited
  • Data under your account can not occupy more than 250,000 inodes on disk. Cumulative automatic backups of your data on default local automatic backup storage can not occupy more than 20 GB of space. User initiated data backups are intended for download and can not be stored under user’s home directory longer than 14 days.

 

  1. Business Web Hosting Services: Usage Restrictions
  • No script or piece of software may use 35% or more of system resources for 60 seconds or longer
  • The number of emails sent from all email accounts at the same domain name cannot be more than 500 per hour
  • Running stand-alone, unattached server side processes/deamons is strictly prohibited
  • Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited
  • Running any bit-torrent / P2P application is strictly prohibited
  • Running cron scripts with intervals of less than 10 minutes is strictly prohibited
  • Running of public file exchange services is strictly prohibited
  • Data under your account can not occupy more than 250,000 inodes on disk. Cumulative automatic backups of your data on default local automatic backup storage cannot occupy more than 20 GB of space. User initiated data backups are intended for download and cannot be stored under user’s home directory longer than 14 days.

 

  1. Virtual Private Server (VPS) and Dedicated Server Web Hosting Services Restrictions
  • Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited
  • Running any bit-torrent / P2P application is strictly prohibited
  • Running of public file exchange services is strictly prohibited

 

  1. Domain Lease.ECWebDesigns’s “Free Domain for Life” service offers you a free domain name for the active life of the web hosting account that should be hosted on ECWebDesigns servers. The domain name is registered under ECWebDesigns’s name, owned by ECWebDesigns, is the property of ECWebDesigns, and is managed by ECWebDesigns on your behalf. ECWebDesigns employs privacy protection services provided by WhoisGuard on all domain names. ECWebDesigns may substitute the client’s information into the whois database upon client request.
    Free domain names must be hosted on the servers of ECWebDesigns only. At any time, you will have the option of taking full control over the domain names for a onetime fee of $14 each.

 

In the case of an upgrade to a plan with fewer free domain names, it is possible to keep up to 8 domains with ECWebDesigns for the discounted yearly renewal cost of $8.95 each. The remaining additional domains are to be transferred to your ownership for $14 each. In the event of hosting cancellation ALL the free domains can be transferred out for $14 each.

Important: We cannot register domain names with the “.co.uk” extension for you but can host them. These rules are in place to prevent the abuse of our free domain registration offer. Please email our sales department should you have any confusion regarding this promotional offer.

 

  1. Fees, Payment and Refund.As consideration for the products and/or services provided to you by ECWebDesigns, you agree to pay ECWebDesigns at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the term of service. ECWebDesigns expressly reserves the right to modify pricing and will provide an advanced notice of changes through email notification and/or notice on its website.

 

As a limited exception to the foregoing, you may receive a refund within:

  • the initial 30 days after sign up if you cancel a web hosting, business hosting account; or
  • within the initial 30 days after sign up if you cancel a VPS Hosting account.

 

Important: If the client cancels within the first 30 days and has registered new domain names with us during this time period, ECWebDesigns will charge the client a one-time fee of $10.87 per domain name (.com, .net) or $9.69 per domain name (.org, .info, .us, .biz) before the refund. Alternatively, the domain name can be transferred out to the client’s property at a cost of $14 per one domain transfer. These terms are in place to prevent abuse of our additional domain name(s) service.

 

  1. If You signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchase the products or services. If you signed up for an annual (or longer) payment plan, and you elected the automatic renewal option, ECWebDesigns will automatically renew your services when they come up for renewal and will take payment in accordance with the designated payment method at ECWebDesigns’s then current rates.
    If for any reason ECWebDesigns is unable to charge your account for the full amount owed ECWebDesigns for the products and/or services provided, or if ECWebDesigns is charged a penalty for any fee it previously charged to you, you agree that ECWebDesigns may pursue all available remedies in order to obtain payment, and may suspend or terminate your account if payment is not received within fourteen (14) days of the date due. ECWebDesigns reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular services, including additional costs that it may incur in providing the services and pass these costs along to You.

 

  1. Affiliate Program Terms:
  • All commissions are 1-time payout.
  • Payout levels vary on a monthly basis depending on how many customers you refer to us.
  • Payouts are made at the end of each month for active orders older than 45 days of the moneyback guarantee period.

 

  1. Use of Foreign Currency. While all purchases are processed in US dollars, ECWebDesigns may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate (if displayed in any currency other than US dollars). Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate based on inter-currency exchange rates. Accordingly, ECWebDesigns makes no representations or warranties that the estimated price will be the same as the actual price you will pay and you waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, you may be charged VAT, based on the country indicated in your billing address section.

 

  1. Limitation of Liability.The products and services offered by ECWebDesigns are provided “AS IS” and ECWebDesigns expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, ECWebDesigns expressly does not warrant that the ECWebDesigns products and/or services will meet your requirements, function as intended, or that the use of the provided services will be uninterrupted or error free. In no event shall ECWebDesigns be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the services or products, even if ECWebDesigns is aware of or has been advised of the possibility of such damages. ECWebDesigns’s servers are not an archive and ECWebDesigns shall have no liability to you or any other person for loss, damage or destruction of any of your content.   Some jurisdictions place restrictions on limitations of damages, such that some or all of this section may not apply to you.  Accordingly, this section will be enforced to the fullest extent permitted by applicable law.

 

  1. You agree to defend, indemnify and hold ECWebDesigns harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by you, or any allegation that your account, or any content posted or transmitted on or through your account, infringes the intellectual property or privacy rights of any third party. You agree that ECWebDesigns shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to cooperate fully with ECWebDesigns during such proceedings.

 

  1. Digital Millennium Copyright Act (“DMCA”) Notice. ECWebDesigns is under no obligation to, and does not, scan third party content used or posted in connection with the Site for the inclusion of illegal or impermissible content. However, ECWebDesigns respects the copyright interests of others and, as a policy, does not knowingly permit content that infringes another’s copyright. It is ECWebDesigns’s intention to fully comply with the DMCA, including the notice and “take down” provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law.

 

If you believe any content hosted by ECWebDesigns infringes a copyright, you agree to provide ECWebDesigns with a written notice that at a minimum contains:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Serving Up Change to locate the material;
  • Information reasonably sufficient to permit Serving Up Change to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

All DMCA notices should be sent to ECWebDesigns’s designated agent as follows:

If by e-mail: Management

 If by mail: 340 S Lemon Ave #5171, Walnut, CA 91789

 

  1. You agree that you will be responsible for notifying ECWebDesigns should you desire to terminate your use of ECWebDesigns’s services. Notification of your intent to terminate must be provided to ECWebDesigns no earlier than 10 days prior to your billing date but no later than three days prior to your billing date.

 

  1. You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.

 

  1. Legal Age.You attest that you are of legal age to enter into this Agreement.

 

  1. Final Agreement.This Agreement, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified except by means of a written document signed by both you and an authorized representative of ECWebDesigns.

 

  1. No Agency Relationship.Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto.

 

  1. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

 

  1. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole.

 

  1. Assignment and Resale.Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable without the prior written consent of ECWebDesigns. ECWebDesigns may, at any time, in its sole discretion and without notice to you, assign some or all of its rights and obligations under this Agreement. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option.

 

  1. Force Majeure.Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over ECWebDesigns, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, ECWebDesigns may immediately terminate this Agreement.

 

  1. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

 

  1. Choice of Law. This Agreement is governed by the laws of the State of Delaware, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the state and/or courts in QLD with respect to any dispute, disagreement or cause of action arising out of or related to this Agreement.

 

Should you have any questions about this Agreement, please contact us.  This document was last revised on [February 11th, 2020].

 

Download PDF