User Agreement and Terms of ServiceThis User Agreement ("Agreement") is an agreement between EchoEchoPlus.Com ("EchoEchoPlus") and the party set forth in the related order form incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services (collectively, the "Services") ordered by Customer on the Order Form. Such party is referred to in this Agreement as "Customer" or "you". Please read this agreement carefully. By clicking on the button on the order form, you are agreeing to be bound by the terms of this agreement and all terms and conditions incorporated by reference in this agreement, including EchoEchoPlus' Terms of Service. Your use of the services constitutes acceptance of this agreement. EchoEchoPlus reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by EchoEchoPlus. Activation of the Services shall indicate EchoEchoPlus' acceptance of this Agreement. Subject to the terms and conditions of this Agreement, EchoEchoPlus will provide to Customer the Services selected by Customer set forth on the Order Form. If you have any questions Contact Us.
1. Usage Policy.Under this Agreement, Customer shall comply with EchoEchoPlus' then current "Usage Policy", as amended, modified or updated from time to time by EchoEchoPlus, which currently can be viewed at http://www.echoechoplus.com/tos.html, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the Terms of Service (TOS) and that the terms of the TOS are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the TOS, the terms of the TOS shall govern. EchoEchoPlus does not intend to systematically monitor the content which is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Customer Content includes content of Customer's customers and/or users of Customer's website. Accordingly, under this Agreement, you will be responsible for your customers content and activities on your website. Notwithstanding anything to the contrary contained in this Agreement, EchoEchoPlus may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the Usage Policy. In the event EchoEchoPlus takes corrective action due to a violation of the Usage Policy, EchoEchoPlus shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that EchoEchoPlus shall have no liability to Customer or any of Customer's customers due to any corrective action that EchoEchoPlus may take (including, without limitation, disconnection of Services).
2. Amendment.EchoEchoPlus may amend, modify or update this Agreement or the Usage Policy at any time in its sole discretion, and Customer shall be bound by any such amendment, modification or update. EchoEchoPlus may, but is under no obligation to, provide notice of any amendment, modification or update of this Agreement or the Usage Policy. Any modification is effective immediately.
3. Term; Termination; Cancellation Policy.The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated (i) by either party by giving the other party 30 days prior written notice, (ii) by EchoEchoPlus, at any time, in the event of nonpayment by Customer, (iii) by EchoEchoPlus, at any time, without notice, if, in EchoEchoPlus' judgment, Customer is in violation of any term or condition of the Usage Policy or Customer's use of the Service disrupts or, in EchoEchoPlus' judgment, could disrupt, EchoEchoPlus business operations and (iv) by EchoEchoPlus in accordance with Sections listed in this Agreement.
If you cancel this Agreement prior to the end of the Term, (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term. Any cancellation request shall be effective 5 days after receipt by EchoEchoPlus, unless another date is specified in such request.
If EchoEchoPlus cancels this Agreement prior to the end of the Term, EchoEchoPlus shall not refund to you any fees paid in advance of such cancellation and (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, and (ii) you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this TOS. EchoEchoPlus.Com will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this TOS may result in the suspension or immediate termination of your EchoEchoPlus.Com account.
This document is to provide basic understanding of EchoEchoPlus.Com's Terms of Service and Acceptable Usage Policy.
TERMS OF SERVICE (TOS)EchoEchoPlus.Com agrees to furnish services to the Subscriber, subject to the following Terms of Service (TOS).
Use of EchoEchoPlus Service constitutes acceptance and agreement to EchoEchoPlus Terms of Service.
All provisions of this contract are subject to the TOS of EchoEchoPlus. The TOS may be changed from time to time at the discretion of EchoEchoPlus. Subscriber understands that change to the TOS by EchoEchoPlus shall not be grounds for early contract termination or non-payment.
EchoEchoPlus agrees to keep your account information private and not share, sell, or otherwise distribute your personal information except as described under the section on Disclosure.
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time.
Establishment of this service is dependent upon receipt by EchoEchoPlus of payment of stated charges. Subsequent payments are due on the anniversary of 90 days for that quarter's service (or on the anniversary of 360 days for yearly accounts). The above applies to all accounts and services provided by EchoEchoPlus.
Payments and Fees:
Service will be interrupted on accounts that reach 5 days past due. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
At EchoEchoPlus.Com, we work to keep costs down. However, in the event that we feel the need to raise prices, we will NOT raise them in the middle of your hosting period. The price increase would only take effect when your next payment was due.
Refund and Disputes:
All payments for domain registration and service to EchoEchoPlus are nonrefundable. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.
Failure to Pay:
EchoEchoPlus may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Payment Subscription Cancellations: If you subscribed to our hosting plan and if we get notice from the payment processor regarding your subscription cancellation, we have full right to suspend your hosting account until the subscription is reinstated. EchoEchoPlus.Com does not host websites with cancelled subscriptions.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company'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 the company be liable for any special or consequential damages, loss or injury.
EchoEchoPlus reserves the right to refuse service to anyone. Customers may only use EchoEchoPlus' server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, material protected by trade secrets, child pornography and satanic materials. EchoEchoPlus expressly forbids anyone from using EchoEchoPlus' servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way the above, or any other material which we deem to be objectionable. The designation of any materials as such described above is left entirely to the discretion of management.
We do not permit pornographic content on areas of our servers that are accessible for the general public. We accept any material that is kept in password protected folders as long as it's legal and does not compromise the bandwidth of the server. We reserve the right to forbid adult content, even in password protected folders, should we feel that it is needed for any or no reason.
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. EchoEchoPlus will notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through any Subscriber's account.
Discrimination and Intolerance:
We do not allow racism, nationalism, sexism, religious intolerance or sites promoting one particular race, nationality, sexual orientation as superior and/or another race, nationality, sexual orientation as inferior.
We do not allow distribution of or linking to: hacker tools, viruses, worms, or trojans - including but not limited to webpages that will attempt to close or take over control of the visitor's browser.
Cyber "war" tools that could potentially harm visitors, their computers, other servers or networks are also not allowed.
SPAM and Unsolicited Email:
EchoEchoPlus has a zero tolerance approach to the sending of Unsolicited Email or SPAM over our network. Very simply this means that customers of EchoEchoPlus may not use or permit others to use our network to SPAM.
To prevent our customer's sites from being blocked by spam filters we do not allow:
Hosting of, distribution of or linking to: Spam tools, open relay mailers, email scanners or other features that could assist spammers in sending out unsolicited mails.
EchoEchoPlus does not allow resources that will let anyone become anonymous on the Internet by adopting our server's IP address
Violations of this policy carry severe penalties, including termination of service.
Violation of EchoEchoPlus SPAM policy will result in severe penalties.
We do not allow our customers to advertise their sites through spam mails. We do not allow our customers to send out spam mails from our servers. If they do, we will close the site without warning and we will not refund their payment. EchoEchoPlus will notify law enforcement officials if the violation is believed to be a criminal offense.
Our spam definition is:
"Internet spam is one or more unsolicited messages, sent or posted as part of a larger collection of messages, all having substantially identical content."
Anyone hosting websites or services on our server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately and permanently removed from our servers without notice. There will be no second chances, and you will not be allowed to retrieve your files.
EchoEchoPlus does not allow hosting of a traffic exchange program itself, where your site is the basis for the traffic exchange program. We do not allow "hidden traffic", for example generated by a php script that loads certain pages/ads/sites over and over again in order to spoof traffic measures for that page/ad/site.
We do not allow auto-surf systems that will reload one or more pages automatically 24 hours around the clock, for example, in order to boost a sites ranking with a hit counter.
IP Address Ownership:
If EchoEchoPlus assigns Subscriber an Internet Protocol address for Subscriber's use, the right to use that Internet Protocol address shall belong only to EchoEchoPlus, and Subscriber shall have no right to use that Internet Protocol address except as permitted by EchoEchoPlus in its sole discretion in connection with the Services, during the term of this Agreement. EchoEchoPlus shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Subscriber by EchoEchoPlus, and EchoEchoPlus 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:
Each Account comes with a certain amount of space and bandwidth. EchoEchoPlus will monitor Customer's bandwidth and disk usage. Should customer exceed their allotment of either, EchoEchoPlus shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action will include the assessment of additional charges.
Customers signing up for multiple plans simply to avoid paying for excess bandwidth and/or storage will be reduced to one account and all charges will be paid through that account.
Unreasonable hidden traffic:
Our servers are connected to the Internet at extremely high speeds - which makes it technically possible to fetch hundreds of external pages in a few seconds. This might potentially harm external sites (cause they're most likely connected on smaller lines). But if they aren't you may even compromise our own network with "hidden" traffic that we have no way to predict. Therefore, we do not allow unreasonable amounts of "hidden" traffic - for example, you can't install a robot script that will crawl 100 external pages in 30 seconds.
Unreasonable server resource demand:
Our servers are based on the latest technology and running with at least 1Gb of RAM, but no matter how much power we throw into a server, it will always be possible to demand more. To ensure that your site is always operating at high speed we do not allow unreasonable demands of its resources. As an example, you can not add an automated process that will download 10 external sites per minute, for 24 hours a day, or complex algorithms that are demanding a majority of our servers resources for extended periods of time.
Hosting accounts at EchoEchoPlus.Com may not be used as a secondary repository for a site. You cannot host 50 sites with other hosting companies and use our servers as a resource for technologically demanding parts of these sites. For example (but not limited to) you may not have an account at EchoEchoPlus.Com that hosts forums for website(s) hosted elsewhere.
We do not allow more than one site on each account - it is against our terms of service to bypass this by using frame forwarding or other techniques to effectively host multiple sites on one account while it appears to the visitors as if it's a unique site with its own hosting plan.
Mailboxes with more than 100Mb contents are major ressource hogs.
To ensure the service for other accounts on the same server we do not permit mailboxes that have more than 100Mb of mails stored over a period of time.
It is fine to receive larger mails but they should be deleted from the server once they have been downloaded. Most mail programs do this by default - but if you have set your mail program to leave mails on the server you should clean the mailbox once in a while.
Failure to do so may result in EchoEchoPlus deleting the mailbox to avoid ressource problems.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of EchoEchoPlus Network. Violations of system or network security may result in civil or criminal liability. EchoEchoPlus will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail.
Taking any action in order to obtain services to which such User is not entitled.
This TOS specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that EchoEchoPlus may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent or official Internet authorities who make a written request without further consent or notification to the Subscriber. In addition EchoEchoPlus shall have the right to terminate all service set forth in this Agreement.
Notification of Violation:
EchoEchoPlus is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.
Users that EchoEchoPlus determines to have committed a violation of any element of this TOS shall be subject to immediate suspension or termination of service without further notice.
Suspension of Service or Cancellation:
EchoEchoPlus reserves the right to suspend access to any customer if in the judgment of EchoEchoPlus administrators the customer's account is the source or target of the violation of any of the other terms of the TOS or for any other reason which EchoEchoPlus chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's account was suspended.
EchoEchoPlus.Com wishes to emphasize that in agreeing to EchoEchoPlus.Com's Terms of Service, customer indemnifies EchoEchoPlus.Com for any violation of the Terms of Service that results in loss to EchoEchoPlus.Com or the bringing of any claim against EchoEchoPlus.Com by any third-party. This means that if EchoEchoPlus.Com is sued because of a customer's activity, (or anyone using customer's account) the customer will pay any damages awarded against EchoEchoPlus.Com, plus all costs and attorney's fees.
LIMITATION OF LIABILITY:
EchoEchoPlus.Com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from EchoEchoPlus.Com servers going off-line or being unavailable for any reason whatsoever. Furthermore, EchoEchoPlus.Com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of EchoEchoPlus.Com servers. Violations of these TOS Policies should be referred to firstname.lastname@example.org. All complaints will be investigated promptly.
You must provide us with, and keep current, good contact information.
E-mail and telephone contacts may be used, in that order of preference.
A waiver by EchoEchoPlus.Com of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
EchoEchoPlus.Com takes no responsibility for any material input by others and not posted to EchoEchoPlus.Com by EchoEchoPlus.Com. EchoEchoPlus.Com is not responsible for the content of any other websites linked to EchoEchoPlus.Com's customers' websites; links are provided as Internet navigation tools only. EchoEchoPlus.Com disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
EchoEchoPlus.Com is not responsible for any damages your business may suffer. EchoEchoPlus.Com does not make implied or written warranties for any of our services. EchoEchoPlus.Com denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by EchoEchoPlus.Com.
Responsibility for Content:
You, as the Customer, are solely responsible for the content stored on and served by your EchoEchoPlus.Com account.
30 days moneyback guarantee.
For any or no reason at all!
If you change your mind within 30 days, we will refund the entire payment. No Arguments, Exceptions or Questions.