EchoJay.com and Site Owner Terms Of Service
EchoJay.com and Site Owner provides web hosting and domain registration services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients who use services of EchoJay.com and Site Owner are subject to the following terms of service:
You agree to use all EchoJay.com and Site Owner services and facilities at your own risk. EchoJay.com and Site Owner specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall EchoJay.com and Site Owner be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold EchoJay.com and Site Owner harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against EchoJay.com and Site Owner, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless EchoJay.com and Site Owner against liabilities arising out of: Any injury, damage or loss to a person or property caused by any products sold or otherwise distributed in connection with EchoJay.com and Site Owner’s server. EchoJay.com and Site Owner reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from EchoJay.com and Site Owner’s server. EchoJay.com and Site Owner shall be the sole judge of what violates this Policy.
Billing, Cancellation and Refund Policy
As a customer of EchoJay you agree to submit or supply a payment for the rendered services in advance, on the billing date set by EchoJay. By default these services will be billed on a recurring basis (if recurring payment option was chosen during registration or renewal of the appropriate hosting package, vps package or domain name package). You must notify EchoJay at least 7 days before the next automated renewal date if you wish to cancel the recurring payments without any further recurring charges (EchoJay shall not be held responsible for recurring automated payment if notified less than 7 days before the next subscription payment date, and this payment will not be refunded).
Free Domain Renewal:
If a Hosting package offered by EchoJay comes with a Free domain name, then this free domain name is renewed for free under these circumstances:
- The subscription for the hosting package / domain name is still active and not canceled.
- If the client does not have a subscription on the package or the subscription is canceled, there should be at least 30 days left on the respectable account until the next payment time. Free Domains under Accounts with canceled subscription or no active subscription (one time payments) and with less than 30 days left until the next renewal date are under consideration of EchoJay (EchoJay will solely decide whether to renew or not to renew the domain name for free) and will not be renewed for free automatically.
Free domains with .net and .com, .info, .xyz and .org extensions are renewed for 1 year period, and .co.uk domain names are renewed for 2 year periods.
Cancellations and refunds:
EchoJay provides a 30 day money back guarantee for new account registrations and account renewals under these following conditions:
- In the event of an account cancellation within first 4 days of Registration (except the event where the client has registered a shared or reseller hosting account and the free domain name provided with the account does not have domain extension from the list below), subscriber will receive a full refund. If there was a free domain name provided with such package (except the event when the free domain name was with an extension from the list below), the domain name will be deleted from the registrar.
- Subscribers who cancel the accounts 4-30 days after the initial registration date may receive a full refund for the shared and reseller hosting or the VPS package, except the event when there was a free domain name provided with the respectable package. Fees which were initially paid by EchoJay for the domain name offered for free for the subscriber with the hosting package are not refundable and will be deducted from the total refund that is sent to the subscriber. Such fees for the domain name registration are fixed to $14.88. If the subscriber submitted an initial payment smaller than $14.88, then a refund is not available. EchoJay will not hold the subscriber accountable for the difference from his initial payment and $14.88, if the subscriber’s initial payment was less than $14.88.
- Non refundable domain name extensions are: .co.uk, .eu, .be, .es, .it, .li, .nl, .pl, .pm, .pro, .re, .ru, .se, .tf, .wf, .yt.
- Payments for Domain Only accounts are refundable only until the domain is registered, renewed or transferred (in case of delayed registration, renewal or transfer).
- Account renewals are refundable only if the renewal payment has been submitted in the last 30 days. EchoJay reserves the right to deduct the value of already used hosting account time (and/or included free domain renewal) from the final refund.
- Domain privacy protection service is non-refundable.
Subscribers may cancel the account at any time. All subscribers who cancel the accounts 30 days after the initial payment are not subject to a refund and all such requests will be denied.
Subscribers who wish to cancel the account have to contact EchoJay from the “Help Desk” in their Members area with a cancellation request. Such cancellation request will be revised by EchoJay staff members and then a final confirmation to cancel the account will be sent. Account cancellation will be processed only when the final confirmation from the subscriber will be sent (initial cancellation request will not be held as a final confirmation under any circumstance for security reasons).
If a confirmation to cancel the account is not sent by the subscriber, then the account cancellation will not be processed and the account will remain active. Any active subscriptions will be left intact.
After the account is canceled, no further billing on the account will be made. All files, settings and any other information related to the subscriber account will be removed from EchoJay servers.
EchoJay uses Paypal and Stripe payment processors. Clients may submit a payment with a valid credit or debit card or by using the balance of his/her Paypal account. EchoJay accepts payments from Verifed and from Unverified Paypal accounts, which generally means that the client may either use the funds on the credit / debit card attached to Paypal (verified paypal) or the balance on his PayPal account (Unverified) to submit the payment for the services provided by EchoJay. Please mind that The funds on client Unverified Paypal account will need to be converted from any other currency to US dollar currency prior to submitting a payment.
Fraudulent Payment Policy:
If a payment on a client account is marked as fraudulent (such payments are reversed on the payment gateway), then EchoJay reserves the full right to stop any service provided to the client (including other accounts and other payments submitted by the same client) until the issues with the payment are solved. If the client refuses to solve issues with the payment which is marked as fraudulent EchoJay reserves the full right to delete all accounts and stop payment subscriptions provided to the client without any refund for security reasons.
Late Payment Policy:
All accounts are billed according to the dates they were first activated on. Accounts which are not renewed 5 days after the renewal date will be disabled. If the account is not renewed in 30 day period after the renewal date set on the account, then it will be terminated and all files will be removed. Subscriber will receive notifications if there is any action to be taken on his respectable account.
Account Access Policy:
When a client registers any type of account with EchoJay, the client will be held liable for the client identification information that is provided: a) Name and Surname of the Client b) Client Address c) Company details d) e-mail address. Should EchoJay suspect that any of the provided information is incorrect/fraudulent, the account may be suspended for terms of service violation until client contacts EchoJay and resolves the issue. EchoJay may use this information to contact the client if such need arises. Some of the information on the account will be generated automatically (username, password, payment IDs). Client may access the account at any time if he has access to the initial e-mail account that he used to register the account on EchoJay. If the client claims that he has no access to the respectable e-mail account and that he has no way to recover the password set on the account, he will need to provide us with the last payment date and payment IDs on which the payments were made, as well as full client name (name and surname), and full client address set on the respectable account.
Client acknowledges and accepts this procedure and access policy and agrees not to bring any claim of a lawsuit against EchoJay arising out of this said policy and procedure. EchoJay will not be held liable for any damage or liability that may have arise out of following policy and procedure.
In the event when there is more than one person claiming rights to the same account, who may or have provided the information which may provide them access to the respectable account following the EchoJay policy and procedures, then EchoJay is not obligated to provide access to any of the parties. Also, EchoJay is not obligated to solve any kind of such disputes and may solely decide who to provide access to according to internal information and historical data that may have been collected about the user, based on the usage on the respectable account.
EchoJay will not share any of its clients’ personal information to any third parties not related to EchoJay. Some of the client data may be forwarded on the following exceptions:
- Upon new domain registration via respectable Hosting domain registrar, Client Information will be sent to domain registry and may appear on WHOIS based sites unless the client chooses to turn on Domain Privacy from EchoJay Members Area. If domain privacy is turned on, then Client Information will not be displayed on WHOIS based sites, however it will still remain on the Domain Registry for security reasons. Please mind that domain privacy is not supported on .co.uk domain registrations.
- EchoJay will respond to court orders or other legal processes and may provide relevant information to relevant parties about the client on such a case, but will inform the end client about such process and will wait for a valid response from the end client before sending out the information to the respectable party. If the client who owns the related account fails to respond in 15 days we will send out the information to the respectable party without the confirmation of the client.
- Third Party Providers – some of the information will be sent to third-party providers such as Payment Gateways, Domain registrars, Additional Service providers (Zyro Builder, Cloudflare, cPanel, Attracta, Trendybuilder). EchoJay will solely choose which third-party providers to send client information to. This depends on the services that will be offered by the third-party to EchoJay clients, however no client information will be sent to third-parties not related to EchoJay services.
Certain services provided by EchoJay.com and Site Owner are resold. Thus, certain equipment, routing, software, and programming used by EchoJay.com and Site Owner are not directly owned or written by EchoJay.com and Site Owner. EchoJay shall not be responsible for any changes in services provided by a 3rd party provider, also will not be held liable for any damage or loss which may arise from service disruption provided by a 3rd party provider. EchoJay will show highest interest to make sure that that services provided by a 3rd party are running smoothly and correctly, and will contact the 3rd party provider when changes or fixes are needed, however the time needed for any fix or alteration will not be decided by EchoJay and EchoJay will not be held liable for any fixes or alterations to be performed on a product provided by a 3rd party in a definite time frame.
“Unlimited” Usage Policy:
EchoJay offers some of its hosting packages with “Unlimited” amount of resources for specific options (disk drive space, bandwidth, domains per account, and others listed in the features page). This means that EchoJay will not set a specific cap for these resources and client will be able to use these resources as needed, however EchoJay does use a fair usage policy which applies to all accounts. EchoJay Fair Usage Policy implies that if the client uses the resources of the shared server to the extent where he is negatively affecting other users hosted on the same server, the resources may be capped or in some cases, but not necessarily, respectable account may be disabled before client upgrades his account to a package more suitable for his needs or fixes the issues so the resource usage on his account stops to negatively affect other users on the same shared server.
By the term “Unlimited Space” EchoJay means that it will not set a cap on the amount of files the user may host on his account, however the space on the hosting account cannot be used for: Backup storage, Online storage, File sharing services, Movie storage, Photo storage, Software storage, Copyrighted content storage, Illegal, Abusive or Offending file storage, Document Archives or any other type of Archive, File Backups (with the exception of a single cPanel backup generated from your cPanel), log files, etc. EchoJay reserves the right to remove such files from the user account with or without notice to the client. EchoJay also reserves the right to remove any single files larger than 1GB from the user account regardless of the content of the file with or without notice to the client. EchoJay also reserves the right to clean up a user account by removing files which fall under the criteria of files that may not be hosted on EchoJay accounts, if there are more than 250.000 files on a single account, with or without notice to the client. EchoJay also reserves the right to disable the account which holds more than 250.000 files until the relevant shared hosting account is upgraded by the client to a vps service where such limitation is not applied.
EchoJay generates full backups of accounts every 7 days which are not bigger than 2GB. If the account is bigger than 2GB, EchoJay reserves the right not to generate the backup automatically, however client may generate backups from his cPanel at any time regardless of the account size. EchoJay stores a single automatically generated backup of each account which is up to 7 days old and up to 2GB in size, older automatically generated backups of accounts are not stored. EchoJay is not liable for any loss of content if the backup has not been generated, it is the client’s sole responsibility to safeguard the account data.
Acceptable Use Policy:
All services provided by EchoJay.com and Site Owner 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 or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless EchoJay.com and Site Owner and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. EchoJay.com and Site Owner reserves the right to determine what is and what isn’t acceptable for our servers. 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.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright Site Owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Clients who own reseller packages are not allowed to provide free (unpaid) hosting services (to avoid server overload and high abuse rate).
Each account comes with its own cgi-bin. Client is free to use any CGI scripts you wish, however EchoJay reserves the right to disable any CGI script that effects normal server operation without prior warning.
Banned Scripts or website types:
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. Hosting any type of these sites will result in instant account suspension until the content is removed. On the case that the content was uploaded willingly by the client, EchoJay reserves the right to terminate the account without the possibility of a refund (even if the 30 days have not yet passed on the account). If the content was uploaded by a 3rd party (hackers, abusers which intend to take the client site down), then EchoJay will inform the client about the abusive content. EchoJay also reserves the right to remove such content from user account without prior notification. Banned scripts and website types listed below:
- IRC scripts, eggdrops, bots, Bitcoin faucets
- Proxy server scripts (also any other script which operates as proxy)
- Mail bomber and spam scripts
- IP spoofers and port scanners
- Pirated Software or any form of warez
- Image Hosting Scripts (like imgur or Photobucket)
- AutoSurf site scripts
- PPC site scripts
- PTC site scripts
- Bruteforce Programs or scripts
- File sharing, dump and mirroring service scripts (like mega, rapidshare)
- Top sites generator scripts
- Illegal drug or any other substance or product not allowed to be sold in US or Contraband related sites
- Sites distributing copyrighted content without proper licenses
- Gambling sites
- Hacker programs, credit card dumps, hacker focused sites
- Forums distributing warez or any other illegal content
- Fraudulent sites (fake banking services, fake login pages, any other site mining information in illegal ways)
- Viruses, trojan horses, mass ping, ddos, udp or tcp flood scripts, or other kind of desctructive scripts
- Child pornography (If EchoJay is to locate child pornography willingly uploaded to a client account, then the client account will be terminated instantly without any possibility of a refund)
Any kind of abusive content found on our servers should be reported to firstname.lastname@example.org. EchoJay will handle any abuse report with the highest priority and interest. EchoJay will not be held liable for any damage or loss that may have arisen from content uploaded to client accounts or actions performed by scripts on such accounts on our shared or vps servers. Client who is the account Site Owner takes full responsibility of the whole account content and all actions that are performed on the respectable account, also takes full responsibility for any and all of damages or losses that may arise from his account content or actions performed by scripts on his account.
Background Running Programs:
Background daemons on shared hosting accounts in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed. Background programs on VPS servers are allowed and do not generate any extra charges in general.
Commercial Advertising and Spam E-mails:
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. SPAM /illegal content 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 $14.85 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. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
LIMITATION OF LIABILITY:
EchoJay.com and Site Owner shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from EchoJay.com and Site Owner servers going off-line or being unavailable for any reason whatsoever. Furthermore, EchoJay.com and Site Owner 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 EchoJay.com and Site Owner servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to email@example.com. All complaints will be investigated promptly.
EchoJay intends to provide the best possible web hosting service to each of its clients. EchoJay shows the most interest to use the latest technologies and solutions to make the service provided to the end client the best possible. However, EchoJay.com and Site Owner cannot be held liable for any system downtime, crashes, or data loss that may happen on the servers. Also, EchoJay will not be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. If any terms or conditions are failed to be followed, the account in question may be automatically deactivated by EchoJay. EchoJay.com and Site Owner retains the right to change, modify or delete any or all of the above Terms, Policies, Guidelines, and Disclaimer with or without prior notification.