Essential Coding Inc. | Terms of Service

Terms of Service

By using, subscribing to or contracting any of Essential Coding's products or services at any time you unequivocally agree to the following terms and conditions.

DEFINITIONS
"Company", "We" and "Our" means Essential Coding Inc.. "Customer", "Client", "You" and "Your" mean the Customer of the Company. 'Services' means services provided by the Company either in the direct or indirect control of the Company. 'Registrant' means the Customer applying or having applied to the Company to register a domain or domains on behalf of the Customer. 'Web site' means a web site and all associated files, not limited to source code, scripts and database information. "Him" or "his" is a generic reference to the Customer and neither means nor implies gender-specivity.

TERMS OF SERVICE

The Company provides World Wide Web page hosting and related services, and domain name registration. The Company reserves the right to suspend or cancel a Customer's access to any or all services provided by the Company if the Company considers that the account has been inappropriately or illegally used or if the Customer has any outstanding debt to the Company. The Customer warrants that he is at least 16 years of age.

HARM TO MINORS

This aspect of Internet Safety has recently come into the public spotlight and will always be taken extremely seriously by the Company. If a site is suspected in sharing, publishing, or promoting child pornography or anything related to the harm of a child the account will be suspended immediately following on to being deleted from our server, with all details being handed over to appropriate authorities. Harm to minors includes indecent pictures, videos, sound and other material deemed illegal on the subject of harm to minors. Under no circumstances will this be tolerated.

THREATS / THREATENING BEHAVIOUR

Any client suspected of promoting threatening behaviour will have their contract with the Company terminated without notice. Any threatening behaviour through email, uploading, posting or otherwise that threatens or encourages bodily harm or destruction to property will be dealt with appropriately.

SERVER USE

The Company's web hosting accounts are to be used by the primary owner only. Web hosting account holders are not permitted to resell or to store the web hosting services of their web site to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. The Company reserves the right to refuse service and/or access to its servers to anyone.

HARASSMENT

The Company encourages anyone to report harassment of any kind by an account holder to the Company. Any client who uses services provided by the Company to harass via email, uploading, posting or otherwise will be dealt with as seen appropriate by the Company.

FRAUD

The Company does not tolerate fraud; any client actively making fraudulent content will have the account suspended. This includes the selling of fraudulent material via email, uploading, posting or otherwise.

ACCEPTABLE USE POLICY

Acceptable Use Policy below defines the actions which the Company considers to be abusive, and thus, strictly prohibited. The examples named are non-exclusive, and are provided solely for guidance to the Customer. If you are unsure whether any contemplated use or action is permitted, please e-mail sales(at)essentialcoding.com for clarification. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company.

* Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any International, National or Local law or regulation.
* Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of the Company.
* Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

UNSOLICITED CORPORATE EMAIL/BULK EMAIL (SPAM)

Any client caught sending unsolicited corporate / bulk email will have that account suspended, without notice. Any client with a spam database will also have their account terminated without prior notice. If a client supports a spam database, through their account (but is not on their account) they will also have the account suspended until an agreement is reached by the client and the Company. The account will only be re-connected when an agreement is reached. Note: The account will be monitored from the date the account is re-instated. SPAM is not tolerated in anyway by the Company.

UNAUTHORIZED ACCESS

This is not tolerated by the Company under any circumstances. Any attempt to hack into a clients account will result in immediate termination. Any attempt to hack into the Company main frame will not be tolerated, and will be dealt with in anyway deemed necessary by the Company.

HIGH RESOURCE USER POLICY

Resources are defined as bandwidth and/or processor utilization. The Company may implement the following policy at its sole discretion: When a web site is found to be monopolizing the resources available, the Company reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.

COLLECTION OF PERSONAL DATA

If any personal data without that persons / groups knowledge is obtained then that account will be terminated without notice.

DISTRIBUTION OF VIRUSES

Intentional distribution of Virus Software will result in the offending account being suspended. The Company also reserves the right to close all accounts under the same client database at our sole discretion. Details will be passed onto relevant authorities upon the account closure.

INDEMNIFICATION

The customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against the Company, its agents, its Customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed, including hosting and domain registration. The hosting Customer agrees to defend, indemnify and hold harmless the Company against liabilities arising out of:

1. any injury to person or property caused by any products sold or otherwise distributed in connection with the Company
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 the Company's server.

SECURITY

The account holder is responsible for the account 24/7. You are responsible for the misuse of the account, even if inappropriate activity was committed by a friend, relative, family member, guest, employee, or indeed anyone permitted to use the account by the account holder. You should be reminded that once issued with an account password the account becomes your responsibility, that password should be changed immediately upon first logon.

SERVICE BREAKDOWN

All clients should be aware that the service may become interrupted at anytime; the Company can not be held responsible for breakdowns. By agreeing to the TOS the client agrees that no responsibility can be held by the Company for any external or internal causes of service breakdown.

DISCLAIMER

The Company will not be responsible for any damages to the Customer's business or for other financial losses resulting from services provided by the Company. The Company makes no warranties of any kind, expressed or implied for services provided. The Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of business or data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the Company and its employees. The Company's financial liability is restricted to the price paid for the service provided. The Company reserves the right to revise its policies at any time, and to revise these terms and conditions at any time without notice.

PRICING POLICY

The Company reserves the right to modify, update or run promotions on any service at anytime. We reserve the right to change the price of any service at anytime. Once a service has been ordered that is the price to be paid, under no circumstances do we refund the difference should the price of that service decrease.

BILLING DATA

The Customer is responsible for keeping his billing data with the Company up-to-date and accurate. Furnishing incomplete information will result in an e-mailed request to complete it, and failure to comply with the request will result in account suspension until completion. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

HOSTING PAYMENTS

The customer is responsible for paying all his invoices and charges in relation to service rendered. The Company will normally bill the Customer 14-21 days prior to renewal. Failure to settle accounts will mean account suspension, and a reactivation administration charge may be made which if not paid, will again result in account suspension. Any account which remains unpaid will be terminated with 7 days of the final notice being e-mailed to the customer, and no further notice of termination will be sent. Loss of Customer's data will occur on termination, for which the Company is not liable. The Company reserves the right to offset any outstanding arrears with any additional accounts the customer may hold.

SECURITY

Customers may not use the Company's services as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organizations security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding. Mail bombing, or other deliberate attempts to overload or crash a host or network. The Company will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability. E-mail and other types of Internet-based message distribution. The Company has zero tolerance for Unsolicited Commercial Email (UCE) that is in any way associated with the Company, its clients, or any of its client's associates. Customers are prohibited in anyway whatsoever from using UCE as a means of advertising data or services to distribute such materials. Infringements of this policy can result in any one of the following:

* A warning from the Company, via e-mail or phone.
* Removal of DNS for the advertised / originating site.
* Temporary shutdown of the server or a block on outgoing mail.
* Permanent disconnection of service.

Infringements of this policy include, but are not limited to:

* Sending mail to users who have not specifically requested to receive such mail, including opt-out mailing lists.
* Sending, being involved in sending, or employing a third party to send mail which advertises or mentions a site hosted at the Company to users that have not specifically requested this mail.
* Forging of message headers to mask the originator of the message.
* You will be held responsible for the actions of your clients in this matter, so it would be best for you to implement a similar or stricter policy. Please review the information at http://spam.abuse.net for more information on what constitutes UCE, or 'Spam.'
* Harassment, whether through language, frequency, or size of messages, is prohibited.

TERMINATION

The Company reserves the right to withdraw services at any time. If termination is caused by the Customer's violation of these terms, then services paid for in advance shall be refunded only at the absolute discretion of the company. In the event of Customers having paid in advance, the calculation of any refund is subject to a base calculation of the fee paid, less the monthly charge rate in place when service commenced multiplied by the number of months the Customer has received service, rounded up to the next whole month. If any refunds are due these will be made by company within 30 days of receipt of cancellation. Set-up fees or domain registration fees are not refundable.

CANCELLATION

30 days' notice is required for account cancellations by the Customer. This period may be shortened by mutual written agreement between the Customer and the Company.

REFUND POLICY

In the event of the Customer not being satisfied with any aspect of our hosting service, the Customer may apply in writing within 30 days of account activation for a full refund, stating the reasons. If the Customer notifies us within 30 days, then a full refund will be given, less any domain registration fees. Refunds are made provided the Customer has not breached any of our Terms and Conditions herein, and the application is received at our Head Office on or by the 30th day after account activation. In the event of the Company not agreeing to refund, the reasons for same will be issued to the Customer either by post or e-mail at our discretion.

DOMAIN NAME REGISTRATIONS

1. The Company will consider all requests for domain name registration and accept or reject them in accordance with guidelines set by the relevant naming authorities. Global domain registrations (.com/.net/.org/.info/.biz) must abide by INWW terms.
2. Upon acceptance of registration requests, the Company will submit names for registration and make full registration upon receipt of payment.
3. Once a domain name has been registered, no refunds will be made by the Company.
4. The Company reserves the right to halt the registration or transfer/release of a domain name if outstanding monies are owed to them by the Registrant, for any reason.
5. The Company processes domain registration requests on a first come, first served basis. Until the Registrant receives confirmation of registration from the Company, there is no guarantee that the domain name requested has been registered.
6. The Company may cancel or halt domain name registrations at its discretion if it feels that completion of the registration will compromise the Company's interests, or for other relevant reasons. In such an event, the Registrant will be notified by the Company of its reasons.
7. The Company does not accept any responsibility for the use of registered domain names, including where there may be conflict over rights to ownership. The Registrant agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against the Company, its agents, its Customers, officers and employees, that may arise or result from a domain registration provided or performed or agreed to be performed on behalf of the Registrant.
8. The Registrant agrees that all details submitted in respect of a domain name registration are true and correct, and holds the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against the Company, its agents, its Customers, officers and employees, that may arise or result from such false or incorrect details so submitted.
9. In the event of a domain registration or other dispute, the Registrant must be able to demonstrate that the registration of a domain name and the way in which it is used (directly or indirectly) does not infringe the legal rights of any third party.
10. The Registrant indemnifies the Company from any legal proceedings and costs that arise as a result of the registration of a domain name.
11. Data submitted by the Registrant pertaining to the registration of a domain name will not be made available to other organizations and members of the public, apart from that made public by the relevant naming authority.
12. The Company reserves the right to make alterations to the terms and conditions of domain name registration at any time.
13. Transfers and renewals of domain names will be made under the Company terms and conditions of domain name registration in force at the time of transfers or renewals.
14. These terms and conditions constitute the entire agreement between the Company and the Registrant of the domain name. These terms and conditions depose all prior agreements whether verbal or written.
15. Should the Company cease to exist, domain renewals must be carried out through the relevant naming authority and all active services must be transferred to a new provider. The Company warrants that it will provide reasonable access to the Customer for the purposes of web site data retrieval, for a reasonable period after cessation of the company, such period being notified to the Customer by e-mail at or about the time of cessation.

The Company reserves the right to update these Terms & Conditions at any time and without notification - for this reason please review our current Terms & Conditions of use from time to time.