Terms of Service – Essex Web Hosts
All clients are subject to the following terms of service which ensure our responsibility to protect each client and to provide the best services available
INDEMNIFICATION POLICY
1.1
Reseller Web Hosting here at Essex Web Hosts will allow you to offer web hosting services to your clients so you can consolidating your customer sites into one manageable location or to provide your customers with the ability to sell web hosting packages without the need to build, operate and manage a Web hosting infrastructure
1.2
Customer agrees that it shall defend, indemnify, save and hold Essex Web Hosts harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Essex Web Hosts, 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 Essex Web Hosts against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Essex Web Hosts server
1.3
Essex Web Hosts 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 Essex Web Hosts’s server. Essex Web Hosts shall be the sole judge of what violates this Policy
BILLING
2.1
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable)
2.2
We accept Visa, Master Card, American Express, Discover Card. For web hosting 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. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise
LATE PAYMENTS
3.1
All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 10 days after deactivation, your account will be suspended3.2
If you will not pay for service renew in 20 days after deactivation, your account will be terminated
ACCEPTABLE USE POLICY
4.1
All services provided by Essex Web Hosts may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material 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
4.2
The subscriber agrees to indemnify and hold harmless Essex Web Hosts and its employees from any claims resulting from the use of the service which damages the subscriber or any other party
4.3
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
4.4
Pornography is prohibited on all Essex Web Hosts servers. This includes sites that include sexually explicit or hardcore images and/or advertising
4.5
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
4.6
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
4.7
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, is not permitted on our network
4.8
Content relating to Hacking, Cracking, Warez and IRC is not allowed. File storage and data archival (or similar): You must not use the Services and/or any Material which, in our opinion, is a use for the purpose of file hosting or data archival (or similar). Examples of such may include storage of backup or archival data, mirror sites, file shares, data warehousing, personal multimedia content (such as movies, music, photos or other media) or attempting to use the Services as a cloud/remote/file storage facility which attempts to emulate the functionality of such services as Dropbox, OwnCloud or OneDrive or any similar product, services, platform and/or solution.
4.9
You must not use the Website and/or the Services:
In any way that we reasonably consider to be excessive, or places an unreasonable burden on the Website, the Services and/or our infrastructure
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect
For the purpose of harming or attempting to harm minors in any way.
To bully, insult, intimidate or humiliate any person.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, or otherwise does not comply with the Agreement.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
To upload terrorist content
To reproduce, duplicate, copy or re-sell any part of the Website and/or the Services in contravention of the Agreement
To access without authority, interfere with, damage or disrupt:
any part of the Website and/or the Services
any equipment or network on which the Website and/or the Services are stored
any software used in the provision of our site; or any equipment or network or software owned or used by any third party
Or any Material, for the purpose of data warehousing such as (but not limited to) storage of backup or archival data, mirror sites, or personal multimedia content such as movies, music, photos or other media
Or any Material, for the purpose of peer-to-peer file or media sharing, streaming, BitTorrent, Tor or other similar forms of data transmission
Or any Material, for the purpose of providing or participating in a content delivery network
LIMITATION OF LIABILITY
5.1
Essex Web Hosts shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever
5.2
Furthermore, Essex Web Hosts shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from any of our servers. All damages shall be limited to the immediate termination of service
DISCLAIMER
6.1
Essex Web Hosts 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
6.2
Certain services provided by Essex Web Hosts are resold. Thus, certain equipment, routing, software, and programming used by Essex Web Hosts are not directly owned or written by Essex Web Hosts. Moreover, Essex Web Hosts holds no responsibility for the use of our clients accounts
6.3
If any terms or conditions are failed to be followed, the account in question will be automatically deactivated
6.4
We reserve the right to remove any account without advanced notice for any reason without restitution as Essex Web Hosts sees fit
6.5
Essex Web Hosts retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification
This page was updated on 28th April 2024 and replaces the prior version in its entirety
