Enoctus Web Services Limited

Updated 20th October, 2018

We (“Enoctus Web Services Limited”) reserve the right to update this document at any time. You will be notified of any changes. By purchasing any of our products and services or by registering as a client, you agree to the following terms and conditions. All services provided by Enoctus may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United Kingdom national, 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 Enoctus from any claims resulting from the use of service which damages the subscriber or any other party.

We prohibit any sites which promote any illegal activity or content. Content which may be harmful to the Enoctus servers, our clients, and other servers on the internet is also prohibited.

Unacceptable Content or Links:

- Child pornography

- Hacking/warez software

- Illegally obtained content (including illegally downloaded torrents, warez, mp3 files, movies)

- Nulled scripts

- IRC bots

Notice: If your account is found to contain illegal activity, illegal MP3 files, pirated software, hacker programs, warez programs, or any other illegal files, your account will be terminated immediately, without notice. Additionally, Enoctus will notify the proper authorities of your actions.

Account Information

We will always keep customer information encrypted and private. Providing inaccurate information on your client account breaches this document and we reserve the right to terminate any products and services based upon this.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Enoctus is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund. For more information on refunds see our refund policy.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion. Any individual who is seen as a high risk to the company, or who is filtered by our fraud detection system will be refused services. All sub-networks, distributive hosting sites and dedicated servers of Enoctus must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing

By the Account Activation Date of each month, Enoctus shall either:

(1) debit the client’s credit card (when such information has been provided by the client); or

((2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Enoctus by no later than the specified payment due date. Enoctus shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 72 hours. If we do not receive a response within 72 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees

Certain services carry a setup fee charged by Enoctus to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Enoctus and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & Refund policy

For information on refunds and our money back guarantee, please see our Refund Policy.

Limitation of Liability

Enoctus shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Enoctus's servers going off-line or being unavailable for any reason whatsoever. Furthermore, Enoctus shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website from one of Enoctus's servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these conditions should be referred to hello@enoctus.co.uk. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Account Activation

By activating your account with Enoctus, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

Notice: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

Enoctus guarantees 100% service uptime on all services. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

Domain Transfers

Due to the nature of our service, a domain that comes for free with a website hosting package cannot be transferred until 3 monthly renewals of the website hosting service have been completed. In addtion, if domains and/or licenses are included with your service, the cost will be deducated in the case of a refund request.

Enoctus Web Services Limited

We (“Enoctus”) reserve the right to update this document at any time. You will be notified of any changes.

As a provider of web site hosting and other Internet-related services, Enoctus offers it's customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Enoctus respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Enoctus reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Enoctus has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using Enoctus’s services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Enoctus cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Enoctus cannot monitor or censor the Internet, and will not attempt to do so, Enoctus cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Enoctus does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Enoctus's network and may reach a large number of people, including both subscribers and non-subscribers of Enoctus, subscribers’ postings to the Internet may affect other subscribers and may affect Enoctus's goodwill, business, reputation or operations. For these reasons, subscribers violate Enoctus policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Enoctus, but also because it can overload Enoctus’s network and disrupt service to Enoctus's subscribers. When a complaint is received, Enoctus will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Enoctus reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Enoctus choose to pursue and prosecute.

Obscene Speech or Materials

Using Enoctus’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Enoctus is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language

Using Enoctus's network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Illegal or Unauthorized Access to Other Computers or Networks

Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Usenet Groups

Enoctus reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities

Engaging in activities, whether lawful or unlawful, that Enoctus determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Enoctus will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Enoctus policy or applicable law. However, when Enoctus becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Enoctus.

Enoctus is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Enoctus's facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Enoctus does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Enoctus reserves the right to directly take action against a customer of its subscribers. Also, Enoctus may take action against the Enoctus's subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Enoctus anticipates that subscribers who offer Internet services will cooperate with Enoctus in any corrective or preventive action that Enoctus deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Enoctus policy.

Enoctus will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Enoctus may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Enoctus may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Enoctus assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Enoctus may disclose subscriber information or information transmitted over its network where necessary to protect Enoctus and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Enoctus will never sell information to other services or outside companies.

Enoctus expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Enoctus's policy. Finally, Enoctus wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Enoctus for any violation of the Service Agreement, law or Enoctus policy resulting in loss to Enoctus or the bringing of any claim against Enoctus by any third party. This means that, if Enoctus is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Enoctus, plus costs and reasonable attorney’s fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Enoctus and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to hello@enoctus.co.uk.