Hosting Terms and Usage Agreement

Section 1: Agreement To Rules

By submitting an order form for any web site, e-mail account, domain hosting, database hosting or dedicated server hosting services with Enkode, the client agrees to all rules, regulations, and statements made in this Usage Agreement along with their consequences.

Section 2: Client Responsibility

The client alone is responsible for the content of their web site and e-mail messages.

Section 3: Unsolicited E-Mail

No unsolicited e-mailing practices shall be tolerated.  This is to include any practices ascribed to the client, which may or may not involve an Enkode web site hosting, e-mail account, domain hosting account, database account or dedicated server.  This is to include any mass unsolicited e-mailing through the e-mail server of Enkode or any customer's dedicated server or e-mail account. Upon reviewing any reports received by Enkode regarding the client's unsolicited e-mailing practices, Enkode reserves the right to terminate the client's web site hosting, e-mail account, domain hosting account, database hosting account and/or dedicated server within 24 hours of notification of the client without refund of web site hosting, e-mail account or dedicated server fees which the client may have paid in advance.

Section 4: Illegal Materials

No use of a client's Enkode web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server to promote, sell, trade, or give away the use of the following materials or information shall be tolerated: illegal material or information, stolen material or information, violation of trademarks, pirated material or information.   Upon reviewing any reports received by Enkode regarding the client's use of their Enkode web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server accounts in any of the above practices regarding the addressed (above) material or information, Enkode reserves the right to terminate the client's web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account within 24 hours of notification of the client without refund of web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account fees which the client may have paid in advance.

Section 5: Explicit Content

No use of a client's Enkode web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account to promote material of a sexually explicit or illegal nature shall be tolerated.  Let it be known that offensive material falling under the category of "sexually explicit or illegal nature" shall include, but not be limited to the following:  any nude pictures of a human being used to exploit, advertise, or sell any product or service;  any sort of child pornography, or attempt to display a child in a sexually suggestive manner;  any written material describing and/or promoting any sexually explicit, harsh, or abusive acts; any written material which is excessively profane and sexually explicit.  Let it be known that at any time Enkode reserves the right to judge any material that it deems of an inappropriate adult or sexual nature intolerable for an Enkode web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account, thus causing said material to be included under this category of "sexually explicit or illegal nature".   Upon reviewing any reports received by Enkode regarding the client's use of their Enkode web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server accounts in any of  the above practices regarding the addressed  material of a "sexually explicit or illegal nature", Enkode reserves the right to terminate the client's web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account within 24 hours of notification of the client without refund of web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account fees which the client may have paid in advance.

Section 6: Racial/Religious Content

No use of a client's Enkode web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account to promote unlawful discrimination against or hatred of any particular race, any particular nationality, or any particular religion shall not be tolerated.  Let it be known that at any time Enkode reserves the right to judge any material to fall into the above categories, making it unacceptable for a client's Enkode web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account.  Upon reviewing any reports received by Enkode regarding the client's use of their Enkode web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server accounts in any of  the above practices of promoting unlawful discrimination or hatred of any particular race - any particular nationality - or any particular religion, Enkode reserves the right to terminate the client's web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account within 24 hours of notification of the client without refund of web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account fees which the client may have paid in advance.

Section 7: Excessive Traffic

Enkode does not permit sites where 20% or more of the monthly traffic is from file downloads, or sites that use more than 10% of system resources, or sites which in Enkode’s view are detrimental to the enjoyment of Enkode services by Enkode’s other clients, or are in the sole and final judgment of the Host, detrimental to network or business operations, or exceed the account's designated monthly allowed bandwidth usage.  File download and system resource restrictions do not apply to dedicated servers; however, those servers that exceed their specified monthly traffic and bandwidth limits are subject to an extra monthly fee of $2 per each gigabyte of traffic exceeding their monthly limits and/or restrictions placed on their account by Enkode, at the sole discretion of Enkode.

Section 8: Illegal Account Usage

No use of a client's Enkode web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account shall be used for illegal activities, such as, but not limited to: denial of service attacks, port scanning, flooding of services on other servers, and flooding of services on Enkode servers. Other attacks not mentioned are also not tolerated, to be decided at the discretion of Enkode personnel. Enkode reserves the right to immediately deactivate the client's web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account without refund of web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account fees which the client may have paid in advance. Enkode shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.

Section 9: Final Decision

Enkode will be the sole and final arbiter as to website accounts, e-mail accounts, domain hosting accounts, database hosting accounts, dedicated server accounts or usages of resources that constitute violation or intent to violate our policies. Those users found in violation of these policies are subject to removal for any instance of violation. Accounts which Enkode must suspend or cancel due to violation of these rules are not eligible to receive a refund under our 30 money back guarantee. Acceptance of these Policies constitutes an acceptance of any fines or penalties which might arise out of violation of these policies.

Section 10: Rule Compliance

Users with website accounts, e-mail accounts, domain hosting accounts, database hosting accounts, dedicated server accounts that do not comply with these simple rules, or who seek to take advantage of our unlimited traffic plan in any other way, will, at the discretion of Enkode, have their sites canceled and/or removed from the servers and penalty fees assessed at the discretion of Enkode.

Section 11: Right To Judgment

Enkode reserves the right to make the judgment call on behalf our other Enkode clients who expect us to maintain our servers at maximum efficiency. We believe this is common sense. If you have any questions about it, please contact us.

Section 12: Liability and Warranty

You agree to indemnify, defend, and hold harmless Enkode from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting directly and/or indirectly from your use of the service which damages either you, Enkode, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account with Enkode.

Enkode makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Enkode or its agents or employees shall create a warranty.

Enkode provides no warranty that the service will be uninterrupted or error-free. We assume no liability, expressed or implied, for any downtime for any reason.

If you are dissatisfied with Enkode or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

Enkode reserves the right to monitor any and all communications through or with our facilities if so requested by law enforcement authorities. You agree that Enkode is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

Section 13: Prepaid Payments

In the case of pre-payment for an account for any term, the customer is in a service contract for that term of service.  Pre-paid monies are refundable for the first 30 days after account activation as per our 30 day money back guarantee.  All setup fees are non-refundable.  Payment is due upon expiration of the original contract (or if the date does not appear on the next calendar year, the day before).  If the customer would like to change their billing method to month to month, they may do so after the end of their contract.

Section 14: Server Payments

All set-up and installation fees for dedicated servers are non-refundable.  The initial monthly hosting fees for dedicated servers are refundable within the first 30 days of service.  Subsequent hosting fees are non-refundable. 

Section 15: Server Agreement

Dedicated servers hosted with Enkode are non-relocatable.  Following the cancellation and/or termination of the dedicated server hosting agreement with Enkode, the server in question remains the property of Enkode, and can be used in any way and for any means deemed by Enkode

Section 16: Credit Card Chargebacks

Invalid chargebacks made to any Enkode will result in immediate account termination without notice.  The account will then be turned over to a collection agency.