Terms of Service
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening, obscene, demeaning to others, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. In addition any site selling or promoting Bulk email services is not allowed and if found will be deleted without refund.
Examples of non-acceptable content or links:
We will be the sole arbiter as to what constitutes a violation of this provision.
High Resource Sites
Any site which is deemed as impairing the performance of our servers either by high disk utilization, high bandwidth usage, or high CPU usage will be entered into our "High Resource Customer" program. High Resource sites are sites that use an excessive amount of system resources such as bandwidth, Storage or CPU utilization. Sites like File Storage sites, Resold websites, Sub Hosting, Mailing lists, Chat Rooms, Banner rotation, MP3, AVI, MPEG storage, archiving Image galleries that take over 20% total space allotment, ZIP file archives, or other program/file distribution may be subject to an additional fee commensurate with the wear and tear on the server.
Most accounts come with their own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning, and if any CGI programs disable the server in any way and we feel there is reason to believe that continued access to the server by the account holder puts the normal operation of the server in jeopardy, your shell access will be restricted and/or your account will be deleted. There is a $50.00 fee per incident if we have to deal with this situation due to negligence.
Set up of CGI scripts included in your hosting package is provided by Encanta. Also included is limited technical support of those scripts. For an additional fee, we will set-up and provide technical support for other CGI scripts not included in your hosting package.
We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option. You may use a remotely hosted chatroom option, such as Multichat or Zoom.
Background Running Programs
We do not allow our customers to run background running programs on any of our machines without prior consultation with Encanta.
We currently do not allow IRC or IRC bots to be operated on our servers. If a bot is found on your domain (and it will be), your account will be deleted without warning and you will not be given a refund.
Commercial Advertising - Email
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $100 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. You will get no refund.
Any attempts to undermine or cause harm to a server is strictly prohibited and charges will be levied against customers who deliberately or through negligence disable our servers.
There is a $200 charge to restore lost files from tape to a disk drive due to server abuse or reckless user error. This does not apply if the disk drive lost the files due to hardware failure. This also does not apply if we are restoring configuration files such as /etc/passwd or any other files which are backed up to disk twice a day.
All hosting plans have an alloted amount of data transfer, and each plan is subject to a surcharge in the event usage exceeds the allotted free bandwidth for that plan. Customer is responsible for charges related to bandwidth exceeding the plan's allotted data transfer and will be invoiced the overage amount. If the invoice is not paid the account is subject to termination without warning.
If you provide a credit card on file, we may charge your card for any and all invoiced amounts at any time of the month including overage fees. Initial payments must be received in 10 days or your domain will be disabled or completely deleted. Fraudulent credit card charges, as well as unauthorized credits, will have the domain name revoked, and your account cancelled without notice. To reactivate your account, additional fees and charges will be levied. If you install a domain account without informing Encanta or filling out an order form, Encanta will charge fees for the highest level of account offered at the time of installation until the order form is filled out.
All issued invoices are due within 10 days.
There are no refunds issues for monthly, quarterly, semi-annual, or lifetime account pre-payment. In the event of a requested cancellation date that falls before the end of an already paid-for period, Encanta will not issue a refund unless cancellation takes place within the first 10 days of the account.
Customer agrees that it shall defend, indemnify, save and hold Encanta harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Encanta, its agents, its customers, officers, contractors and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Encanta against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with a Encanta server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
Encanta has no obligation to monitor the Service, but may do so and disclose the information regarding the use of the Service for any reason if Service Provider in its sole discretion believes that it is reasonable to do so, including to satisfy governmental or legal requests.
Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion. We request 30 days notice before you cancel your account though may maive that upon request at our sole discretion. Transferring your domain to another provider does not constitute canceling your Encanta account. You must notify Encanta to formally cancel your account to avoid being liable for further charges.
Encanta will not be responsible for any damages your business may suffer. Encanta makes no warranties of any kind, express or implied for services we provide. Encanta disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Encanta and its employees or any companies Encanta may contract.
Encanta reserves the right to change or update policies without notice at any time.
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