Domain and Web Hosting Terms and Conditions
By renewing or otherwise paying your web hosting services invoice you indicate acceptance of these terms and conditions of service with Eggplant Studios. These terms and conditions will not be varied for individual customers.
Eggplant Studios provides web hosting services and has agreed to host the Customer’s data upon the following terms and conditions.
CHARGES AND PAYMENT
- Payment methods include Paypal, Credit Card, and Cheque. Payments can be made directly from the e-Invoice. Payment is due in 30 days.
- The Charges for hosting services include GST and PST, Domain Registrations and Renewals are subject to GST only.
- Eggplant Studios shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 10% per annum.
- Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.
- Should your chosen payment method fail Eggplant Studios will attempt to settle your invoice using any other payment facilities available on your account.
- All services will renew until cancelled in writing by the customer. Eggplant Studios emails the customers primary email address prior to renewal of services, it is the customer’s responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 30 days before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.
- If payment is not made, Eggplant Studios reserves the right to suspend your hosting services, including email services, until payment has been made.
Eggplant Studios shall render memory and computing capacity available, on a server operated by Eggplant Studios, for the storage of websites and for the operation of applications that can be utilized via the internet.
Eggplant Studios shall use its reasonable endeavours to make the server and the Services available to the Customer at all times, but because the Services are provided by means of computer and telecommunications systems, Eggplant Studios makes no warranties or representations that the Service will be uninterrupted or error-free and Eggplant Studios shall not, in any event, be liable for interruptions of Service or downtime of the server.
Eggplant Studios shall schedule maintenance times for the optimization and improvement of performance of the systems providing the services, which are, on principle, outside the usual business hours, and are only utilized as required. During these maintenance times Eggplant Studios may shut down its technical facilities as necessary and to a scope that is restricted to a minimum. The customer shall be informed of the execution of maintenance outside the above-mentioned maintenance times by e-mail in a timely manner.
Eggplant Studios maintains a series of general service levels, with dedicated resource allotments, which constitute a hosting ‘package’. Packages vary, and Eggplant Studios will notify Customers if their current hosting package is becoming restrictive, and suggest an upgrade. Eggplant Studios understands that spikes in processing power required, bandwidth and storage may be temporary, as does grant some flexibility in those regards. In the event of consistent overuse of resources, Eggplant Studios reserves the right to automatically upgrade a clients hosting package to better service their needs.
For websites hosted on Eggplant Studio’s Servers, the company carries out complete server data backups every month for its own use in restoring servers in the event of systems failure. Increased frequencies of backups are available for an extra fee. Customers are encouraged to take advantage of a more frequent backup schedule, or initiate their own backups of their Content including all website files and databases. Customers are provided with access to a hosting control panel through which such backups may be made easily.
Even though every effort is made to ensure data is backed up correctly, Eggplant Studios accepts no responsibility for data loss or corruption.
ACCEPTABLE USE POLICY
The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
- use the Services or the website in any way to send unsolicited commercial email or “spam”, or any similar abuse of the Services. Accounts found to be sending spam may be suspended until the situation can be remedied. Eggplant Studios can provide remediation services for a fee;
- publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
- threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
- engage in illegal or unlawful activities through the Services or via the Website;
- make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data;
- The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Eggplant Studios is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
- Customers may not share their confidential hosting panel login information with unauthorized third parties.
- If the Customer fails to comply with the Acceptable Use Policy outlined Eggplant Studios shall be entitled to withdraw the Services and terminate the Customer’s account without notice.
MALWARE, VIRUSES AND HACKS
The Customer has full responsibility to ensure the software and scripts used on their hosting package is up to date and secure as reasonably possible. Compromises to the customers website are no fault of the hosting service provided by Eggplant Studios.
Accounts found to be compromised will be contacted immediately, and may be suspended until the situation can be remedied. Eggplant Studios can and will provide remediation services at the utmost priority to ensure your website is restored to normal operating standards. This service is not included in your hosting agreement, and is billed hourly.
The Customer warrants and represents to Eggplant Studios that the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software.
The Customer agrees to indemnify and hold Eggplant Studios and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Eggplant Studios arising out of any breach by the Customer, including spam or virus distribution. of the terms of this Agreement or other liabilities arising out of or relating to the Website.
LIMITATION OF LIABILITY
The entire liability of Eggplant Studios to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen
In no event shall Eggplant Studios be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Eggplant Studios had been made aware of the possibility of the Customer incurring such a loss.
TERM AND TERMINATION
This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing with 30 days’ notice of its intention to terminate the Agreement.
Eggplant Studios shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
Either party may terminate this Agreement forthwith by notice in writing to the other if:
- the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
- the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
- the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
- the other party ceases to carry on its business or substantially the whole of its business; or
- the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
On termination all data held in the customer’s account will be deleted, and cannot be recovered under any circumstances. Customers are required to perform any backups of content prior to initiating a termination.
Eggplant Studios may assign or otherwise transfer this Agreement at any time.
The Customer may not assign or otherwise transfer this Agreement or any part of it without Eggplant Studios’ prior written consent.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Any notice to be given by either party to the other may be sent by either email, or recorded delivery to the address of the other party as appearing in their hosting panel contact information or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of British Columbia, Canada and the parties hereby submit to the exclusive jurisdiction of the British Columbian courts.
DOMAIN NAME REGISTRATION
Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Eggplant Studios will provide a full refund for that domain name, this will be the full limit of our liability.
Eggplant Studios will make reasonable endeavours to renew domains where the renewal fee has been paid. In the event that we are unable to renew a domain name and that domain name is subsequently lost, the limit of our liability shall be the renewal fee for that domain name.
Because domain renewals are averaged and applied to your yearly hosting invoice, domain renewals are non-refundable.
Eggplant Studios is not responsible for any domain registrations or renewals not provided through our service. In addition, no refunds will be given for hosting services during the time your domain name was expired or pending renewal.
Eggplant Studios is not responsible for customer programming issues.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
Web hosting accounts include unlimited bandwidth, subject to the following fair usage provision:
- Accounts that host file distribution (including but not limited to music, video and software) are limited to a maximum bandwidth of 25 GB per month for file distribution.
- Eggplant Studios reserves the right to adjust the customers yearly hosting costs if it is shown that their bandwidth usage is consistently higher than 25GB per month, in blocks of 5GB.
Web hosting accounts are prohibited from hosting hardcore pornographic material, hosting graphics or scripts for other websites, storing pages, files or data as a repository for other websites or as a backup, giving away web space under a domain, sub domain or directory.
Should your web hosting account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
Eggplant Studios allows a flexible amount web space usage for genuine web site content. Customers are prohibited from using the server as a file/backup repository (backups must be stored off-server, on your local machine, or external drive).
Customers are expected to employ good housekeeping when maintaining their account.
Customers understand that Eggplant Studios employs a soft limit of 5GB per account, including web space and email storage (not including backups initiated by Eggplant Studios). Additional storage space can be added in blocks of 5GB per month.
FIREWALL AND SECURITY
Access to sensitive hosting services, such as cPanel access, SMTP/IMAP/POP, and FTP services are behind a secure firewall. The customer understands that repeated failed logins may result in a temporary lockout of a duration of roughly 15 minutes. Repeated failed login attempts may result in a permanent ban. The customer understands this service is intended to prevent malicious password cracking attempts and cannot be removed. In the event the customer is on a permanent ban, they must contact Eggplant Studios to unlock their account, at which time the customer will be responsible for rectifying the problem, failure to do so may result in another permanent ban if the problem persists.