Terms
Please note that the term "Ecoda" refers to "Ecoda Pty Ltd" IMPORTANT NOTICE: *All Payments To Ecoda Are Non-Refundable after the first 30 days* Ecoda Pty Ltd ("Ecoda") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Ecoda Service constitutes acceptance and agreement to Ecoda's AUP as well as Ecoda's TOS (Terms of Service). All provisions of this agreement are subject to the TOS (Terms of Service) of Ecoda and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of Ecoda. Subscriber understands that change to the AUP by Ecoda shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the state of NSW, country of Australia applicable to contracts enforceable in that state. The customer warrants that all information provided to Ecoda is truthful and correct and accurate and up to date and that the person designated is of above 18 years of age and is legally empowered to act and enter into this contract as the customer or on behalf of the customer as indicated on the relevant application form Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Ecoda may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Ecoda shall have the right to terminate all service set forth in this Agreement. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that Ecoda may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Ecoda achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. Payment: Establishment of this service is dependent upon receipt by Ecoda of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All invoices are sent to you by email, we do not send invoices via postal mail. Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 20 days past due. Service interrupted for nonpayment is subject to a $30 reconnect charge. Accounts that are not collectable by Ecoda may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Ecoda a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Refund and Disputes: All payments to Ecoda are nonrefundable after the 30 day money back peroid. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Ecoda's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Ecoda an "Administrative Fee" of not less than $50 and not more than $150. Failure to Pay: Ecoda may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Account Cancellation: Ecoda provides an ongoing service as all service providers do, you agree that your service can only be cancelled by completing the online cancellation form. Requests for canceling accounts may be made at least 7 days Prior to the due date. There is no canellation fee. You must have all account information to cancel. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Ecoda and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Ecoda shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Ecoda. Subscriber further acknowledges that Ecoda'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 Ecoda be liable for any special or consequential damages, loss or injury. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 1 to 2 business days. Due to unforeseen complications, however, this process may sometimes require up to 5 business days Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Ecoda will require a minimum of seven (7) days to be set up and entered into our DNS servers. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Ecoda on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned. Support Boundaries: Ecoda, provides technical support to our subscribers (except for public holidays.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Ecoda provides support related to your server or virtual site physical functioning. Ecoda does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Ecoda does not provide technical support for customers of Resellers. If you can email, we encourage you to email [email protected] for assistance. If you are able to get online and have other questions, the answers may be on our support page - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support. SPAM and Unsolicited Commercial Email (UCE): Ecoda takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Ecoda may not use or permit others to use our network to transact in UCE. Customers of Ecoda may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers. Violation of Ecoda's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Ecoda will initiate an immediate investigation (within 48 hours of notification). During the investigation, Ecoda may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Ecoda may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Ecoda reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Ecoda will notify law enforcement officials if the violation is believed to be a criminal offense. First violations of this policy will result in an "Administrative Fee" of $300 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $600 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Ecoda personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.Network
IP Address Ownership: If Ecoda assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Ecoda, and Customer shall have no right to use that Internet Protocol address except as permitted by Ecoda in its sole discretion in connection with the Services, during the term of this Agreement. Ecoda shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Ecoda, and Ecoda reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Ecoda will charge $0.05 per MB over the allocated limit which will only be sold per MB, this means if you use 100mb over your limit, you will be charged $5.00. If you find you are using more bandwidth than expected, we will review your account and sugguest moving up to the next plan which may work out as a viable cost effective alternative. Ecoda does not meter the bandwidth used on our Business Standard, Business Advanced, Business Pro and Business Enterprise web hosting accounts however Bandwidth is still monitored by our network team, regardless of the unmetered bandwidth included with these hosting plans. Accounts using high amounts of bandwidth will be audited to ensure the bandwidth is being used according to our terms of service. Unmetered bandwidth may not be used to provide streaming media for more than a continuous 30 minutes at any given time. Any Account violating this section will be suspended. Unmetered shared hosting plans are not to be used for the sole purpose of load balancing. All hosting plans must abide by our resource usage below.Resource Usage
Ecoda implements per account resource restrictions which may vary from plan to plan. In addition to these, customers must not:- Use 25% or more of system resources for more than 60 seconds.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run an account as a file store on any shared server
- Run any type of web spider or indexing software.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client.
- Participate in any illegal file-sharing activities
- Run any gaming servers.
- Run cron entries with intervals of less than 5 minutes.
- Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
Hardware Replacement For Dedicated Servers
Whilst Ecoda takes all reasonable steps to monitor and maintain the quality and functionality of the hardware it provides, from time to time hardware failures will occur. Upon receiving notification of a hardware failure via the correct support channels, Ecoda will endeavor to replace the failed hardware within two(2) hours with the following limitations applying:- It is at the sole discretion of Ecoda whether individual server components or an entire server is replaced to resolve a hardware failure in the fastest and most practical way based on the situation presented;
- The replacement timeframe does not include the time required to rebuild any RAID arrays, restore any data, or return any hosted services to an online and functioning state;
- Ecoda is not responsible for restoring data to a server and is not liable for any data loss experienced due to the hardware failure and subsequent replacement and data restoration process;
- Ecoda is not liable for any loss of business or costs incurred to a business as a result of the hardware failure, downtime during replacement and data restoration, or any data loss experienced.