|
|
 |
|
| |
Service Agreement
Eclipsing Technologies provides web hosting, web design and marketing services. Eclipsing Technologies reserves the right to suspend or cancel any client's access to any portion or all of Eclipsing Technologies services, when Eclipsing Technologies deems that the account has been used inappropriately. Eclipsing Technologies reserves the right to refuse service and/or access to its servers to anyone.
User Policy
Eclipsing Technologies prohibits sites engaged in:
Illegal activities including but not limited to storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of U.S. laws, selling and/or distributing illegal contraband.
Internet abuse including but not limited to spamming - mass unsolicited Emailing, distribution of mass emailing programs, cross-posting messages to a large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, spamming Eclipsing Technologies support staff. Spammers are held responsible for a $500 clean up fee.
Systems abuse including but not limited to use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking our systems, installing continuously running programs, such as IRC bots, reselling CGI scripts. The client agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the services ordered by the client. Eclipsing Technologies will monitor the client's bandwidth and disk usage, and has the right to take corrective action if the usage is excessive. Such corrective action may include the assessment of additional charges and/or disconnection or discontinuance of any and all services, which actions may be taken in Eclipsing Technologies's sole and absolute discretion. If Eclipsing Technologies takes any corrective action, the client shall not be entitled to a refund of any fees.
Child Pornography
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Eclipsing Technologies is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through Eclipsing Technologies systems.
Policy Violation
Should a policy violation occur, Eclipsing Technologies reserves the right to terminate the account without notice and without any refunds. The policy-violating client will be held responsible for any damages to Eclipsing Technologies, including but not limited to, Eclipsing Technologies's system, servers, connectivity, reputation, business, service, network, operations, or equipment. Spammers may be charged a $500 clean up fee.
Web Site Content
The client is responsible for keeping a copy of their most current web site files as backup on a remote system (not on Eclipsing Technologies servers). Eclipsing Technologies is not responsible for any lost files, information, or data. Eclipsing Technologies does not provide any file retrieval services.
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. Eclipsing Technologies reserves the right to modify the processing times at any time without notice. If a client or Eclipsing Technologies support personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible to make sure these updates have occurred in our system.
Technical Support
Technical support hours:
24 hrs / 7 days a week via email or phone
Client agrees not to spam support.
Payment Policy
Payments are made on a monthly, quarterly, or bi-annual basis. There are no 12-month plans. Plan is set when account is opened at customer's preference.
Hosting Fees
The minimum contract is 3 months.
All services are on a monthly(1), quarterly(3 months), or bi-annual (6 months) prepayment basis.
Unless the account was ordered during a promotion, the initial 1 month, 3 month, or 6 months payment is billed 28 days after signup. The credit card on file (if applicable) will be automatically processed for payment.
The payments are non-refundable and cannot be pro-rated.
No bills or invoices will be mailed to clients. Statements are automatically emailed to an email account that is set at time of account setup.
If a client has chosen a monthly prepayment option, prepayment is due at the beginning of each month, if the account is setup in the middle of the month, then a pro-rated amount for a partial month will be due. This rule applies to quarterly and bi-annual billing as well.
Clients can change from monthly, quarterly, or bi-annual billing at any time. The payment period changes only occur at the end of the current billing cycle.
Payment Method - Credit Card
Eclipsing Technologies accepts only credit card payments (Visa, MasterCard, American Express, Discover) and checks (once client is verified).
Once an order is successfully submitted, the client is subject to Eclipsing Technologies's refund policy.
Credit card will be billed on the first day of the billing cycle. If the credit card fails, we will retry on the 1st and the 15th of the month. If the credit card fails a 2nd time, the account will be suspended. If it fails a 3rd time, the account will be cancelled.
If payment is not received on time, one late-notice is sent via email. If payment is not sent immediately then the account is closed.
Policy Changes
Eclipsing Technologies reserves the right to change prices at any time.
All monetary transactions will occur in $US dollars.
Additional Features
Additional features such as disk space and email can be added at any time and are billed monthly.
Monthly additional feature prices are not prorated.
Add on annual services through third-party partners, such as Mercantec, are billed yearly and cannot be pro-rated once it is purchased.
Add on costs are non-refundable regardless of whether the service was used.
Credit Card: Charges are assessed in real time for the current month and every upcoming month until the end of their billing cycle.
Credit card will be billed on the first day of the billing cycle. If the credit card fails, we will retry on the 1st and the 15th of the month. If the credit card fails a 2nd time, the account will be suspended. If it fails a 3rd time, the account will be cancelled.
Additional services will be activated when payment is received.
Renewal and Billing Schedule
Eclipsing Technologies automatically renews your account based on your previous payment option. Those who have chosen the yearly payment option will automatically be renewed for another year unless Eclipsing Technologies is contacted prior to the anniversary date of your service. The same schedule applies to those accounts that have opted for quarterly payment.
Credit Card Failures
If there are difficulties with the completion of the charge the client will be notified by email.
PLEASE NOTE: Your credit card will be automatically charged on the first day of your billing cycle. If the credit card fails, we will retry on the 1st and the 15th of the month. If the credit card fails a 2nd time, the account will be suspended. If it fails a 3rd time, the account will be cancelled.
Account Reactivation
If an account was cancelled due to client request or billing issues and the client desires to reactivate the account, a non-refundable reactivation fee of $19.95 will be required prior to account reactivation. Accounts are reactivated after all outstanding charges are paid, including hosting fees, additional features, and other processing fees. You will need to re-upload your files upon reactivation.
If an account was cancelled due to policy violation, Eclipsing Technologies will not reactivate the account.
Refund Policy
The 1 month and 3 month prepayment for hosting is non-refundable. Partial refunds for 6 month prepayment will be at the discretion of Eclipsing Technologies.
If Eclipsing Technologies terminates an account due to policy violation, there will be no refund. Spammers may be charged a $500 clean up fee.
Monthly fees associated with additional features are non-refundable.
Affiliate Program Policy
The Eclipsing Technologies Affiliate Program allows clients and other affiliates of Eclipsing Technologies to refer new accounts to us for a commission. A referred account is considered eligible for commission once the account has been active with Eclipsing Technologies for more than 40 days.
For more information regarding affiliate commissions or the Eclipsing Technologies Affiliate Program, please refer to the Eclipsing Technologies web site.
Cancellation
Eclipsing Technologies reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund. Eclipsing Technologies reserves the right to delete the policy violating web site content without notice.
Customers can cancel service at any time. Cancellation requests should be sent via email. Only authorized persons can cancel an account.
If the client requests cancellation, their account will be terminated immediately unless they specifically state they wish the account to be cancelled at the end of the current billing cycle. If the client specifies immediate account termination or fails to define when the account should be cancelled, Eclipsing Technologies reserves the right to terminate service and delete the web site contents without notice.
Refund policies strictly apply to all cancelled accounts. If an account is cancelled due to non-payment, Eclipsing Technologies reserves the right to delete the web site contents without notice.
The minimum information required to cancel and account are:
Specific reason for cancellation
Last four digits of the credit card on file or account password (as validation to cancel account)
Domain name or client ID number (to positively identify the account to be cancelled) Cancellation requests emailed to Eclipsing Technologies should be emailed to billing@eclipsing.com with the domain name of the account be cancelled in the subject line of the email.
Indemnification
Client agrees to defend, indemnify and hold harmless Eclipsing Technologies against any liabilities arising out of defective products sold to customers from Eclipsing Technologies servers, personal injury or property damage caused by products or services sold or distributed from Eclipsing Technologies servers, any material that infringes or allegedly infringes on the rights of a third party available from Eclipsing Technologies servers, and any material that libels or allegedly libels a third party available from Eclipsing Technologies servers.
Disclaimer
Eclipsing Technologies is not responsible for any damages to any client's business. Eclipsing Technologies makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of Eclipsing Technologies's web hosting and email service is at the client's sole risk. Eclipsing Technologies's services are provided on an "as is, as available" basis.
Eclipsing Technologies does not guarantee that our services will be uninterrupted or error free. Eclipsing Technologies will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.
In no circumstance will Eclipsing Technologies be liable for any claims resulting from the use or inability to use Eclipsing Technologies's services - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to Eclipsing Technologies servers, Domain Registrar problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters.
Eclipsing Technologies reserves the right to revise our policies at any time.
[TextCounter Fatal Error: Could Not Write to File _agreement_html]
|
|
|
|
