Terms of Service

 

You must agree to the following terms and conditions to have your web site hosted by Effective by Design. By placing an order that includes hosting, whether paid hosting or hosting included in our services, you indicate acceptance of these terms.

(Last Updated: June 10, 2013)

Definitions:

  • Host, We, Us = Effective by Design
  • Owner, You, Your = You, the customer.

General Terms

Host has the right to monitor the Website, and in its sole discretion to remove any content that the Host finds objectionable for any reason, without prior notice to Owner. You shall be solely responsible for providing, updating, uploading and maintaining Your web site and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Services. Notwithstanding anything in this Agreement to the contrary, in the event You are using ad-supported hosting, in no event shall Your web site consist of the following: search results, registration, “thank you”, error, email or chat pages, pages comprised primarily of other advertising or pages containing any of the following types of content:

  • Adult content
  • Pornographic, obscene or excessively profane
  • Phishing Scams
  • Drug paraphernalia
  • Hate, violence, or racial or ethnic intolerance
  • Illegal business practices
  • Real Media
  • Chat/IRC, and web proxys
  • Programs / Scripts consuming excessive server resources
  • SPAM / Bulk Email
  • Audio / Video Downloads unless you are the copyright owner of the work
  • MP3 (music) files unless you are the copyright owner of the work
  • MP2 (video) files unless you are the copyright owner of the work
  • Use of our services as a repository
  • Any material infringing on national or international copyright

If you are unsure about content you would like to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use. If your account is removed due to violation of these terms you will not receive a refund.

Website Owner is solely responsible for any liability arising out of or related to the Web Site. Owner agrees to indemnify and hold Host harmless from and against any and all liabilities, losses, damages, costs, and expenses, including reasonable attorney fees and experts’ fees, associated with any claim or action brought against Host related to or arising out of the Web Site or Owner’s breach of its warranties under this Agreement.

Host owns and retains full rights to any code/programs or software developed by Host.

You own all the content you placed into the website product or service, assuming it was original and does not infringe on existing copyrights.

Any software used in website product or service released under the General Public License (GPL) is governed by such.

Host reserves the right to modify and/or change these terms and conditions at any time.

Fees & Cancellation

You authorize Host to charge your credit card for the service fee agreed to at time of purchase. If your services are for a recurring monthly basis, you authorize Host to charge your credit card for the service fee agreed on that recurring monthly fee.

You may Cancel Anytime.

If your account is less than 90 days old and you registered a free domain at purchase , you will be charged a $10 cancellation fee.

No refunds will be given at anytime.

If your account is removed due to violation of these terms you will not receive a refund.

If you wish to cancel, simply email support. We will reply as soon as possible to confirm your cancellation. Your website will be deactivated at the end of the current billing cycle and you will not be charged in the future. No refunds will be given at anytime.

If you do cancel, your website will stay in storage for up to 3 months, you may request a copy of your website content in the form a .sql dump from our database sent to you via email. After 3 months of cancellation, we reserve the right to purge your website and account from our system.

Domain Names

You own them. When you signed up with Effective by Design we may have registered a domain in your name on your behalf with our domain provider, you were sent the domain account information by email at that time.

If we register a domain on your behalf, you agree to the Domain Registrar Agreement.

We provide no guarantee that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

We shall not release any domain to another provider unless full payment for that domain has been received by us.

Web Site Hosting and Email

We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

You shall effect and maintain adequate insurance coverage in respect to any loss or damage to data stored on the Server.

You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.

You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.

You will not post, link to or transmit:

  • Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
  • Any material containing a virus or other hostile computer program.
  • Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

You will not send bulk email from our network. Nor will you promote a site hosted on our network using bulk email. We reserve the right to determine, on a case by case basis, the meaning of the term “bulk email”.

You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.

Within reason, any material you store on the Server must be reachable via a hyperlink from a page on your site. Use of disk space on our servers as a repository is not permitted unless such use is agreed to by contract in advance of such use. Unless so agreed, storage on our servers may not be employed for the purpose of providing an online backup solution.

We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Adult or illegal MP3 content.

You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.

You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

Any access to other networks connected to Effective by Design must comply with the rules appropriate for those other networks.

Hosting features, servers and or/installed software is subject to change at any time.

While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or incorrect routing of email or for any other failure of email.

Software Updates and Upgrades

From time to time Effective by Design may push a software update into your account which may overwrite and replace existing files in the process. You will be notified prior to such action. The intent of this action is too keep your website service up-to-date with the latest software patches, security enhancements, and features.

Automatic account backups will be performed before such action.

Free/Prize/Gifted and Discounted Accounts

Effective by Design reserves the right to revoke offers and awards of free and/or discounted service at any time due to reasons including but not limited to the following: The sale, merger, acquisition, or cease of business operations of this service and/or company, violation of these Terms of Service by the customer or any of its agents, or customer account inactivity for a period greater than 12 months.

Downtime and Outages

Host will take all reasonable measures and precautions to ensure maximum uptime and availability of your website and email service. However due to a variety of factors some out of Host’s control, Host does not provide any warranties or guarantees of performance. Customer hereby indemnifies Host against any losses either real or imagined that may arise from use of this service.

Termination

If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions we may suspend the Services and/or terminate your Services. All sums due for service over-usage and/or quota limits exceed are due in full at the time of termination.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.

No refunds will be made for our services, all payments made to us are non refundable.

You may cancel your hosting services at any time.

On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

WordPress MU/WordPress MultiSite

WordPress MU and/or WordPress MultiSite mode is forbidden on our standard service plans. Host reserves the right to remove/cancel sites without warning if a customer is found to have enabled this feature. Effective by Design will not “allow” multi-site mode on Effective by Design hosted installs, at this time. Whether or not we take other actions to limit (at a software or server level) multi-site mode is yet to be decided.

Indemnity
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

Limitation Of Liability
All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.

Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.