EcoGeek Terms & Conditions of Service

Last updated as of 14th April 2012

Modification

EcoGeek reserves the right to add, delete or modify any provision of this policy at any time. You agree to be bound by any changes EcoGeek may reasonably make to this agreement when such changes are made. If you have purchased services or software from EcoGeek, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.

Refund Policy

90 Day Guarantee Statement If for any reason you are unhappy with the services you receive from EcoGeek during the first 90 days of service, you may request in writing via email that your services be discontinued at which time you will receive a full refund. You must also state a detailed reason as to why you are cancelling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel. Please note that all domain registration is NON-refundable. top

Privacy Policy

This privacy policy explains how EcoGeek (together with its subsidiaries, affiliates), collects, uses, maintains, and discloses information collected from our customers, visitors to our website, individuals who contact us, and visitors to our customers websites (“Users”). EcoGeek strives to provide a safe, reliable, and enriched browsing and service experience to clients and the global community. In order to fulfil this goal we sometimes collect information during your visit to our website. EcoGeek promises the following: – We do not offer for sale, share, or lease any information given to us, except as disclosed in this privacy policy (“Privacy Policy”). – Our Privacy Policy applies to prospective, current, and former customers and users.

Personal Information

On some pages of our website users can register to purchase products or services, receive personalized content. When you register, EcoGeek may ask you for some personal information. If you purchasing products or services from EcoGeek, we will request financial information such as credit card or bank account information. Any financial information we collect is used only to bill you for the products and services you purchased. For other types of registrations or service inquiries, we will ask your name, address, e-mail address, or telephone number. We may then contact you with information about EcoGeek products and services.

Support and Access

As a service subscriber you may be asked to disclose personal information to EcoGeek so that we can provide technical support to you. We may collect personal information for account verifications in order to provide technical support and troubleshooting services over our helpdesk . If you choose to contact us via email or helpdesk, we may retain a copy of the communication with your email address, account information, and our responses. EcoGeek makes reasonable effort to make sure all collected data is reliable, up to date, accurate and complete.

Disclosure to Third Parties

We will share your information with third parties only in the ways that are described in this privacy statement. We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us. We may disclose your personal information
  • as required by law, such as to comply with a subpoena, or similar legal process
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
  • if EcoGeek is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information,
  • to any other third party with your prior consent to do so.

PayPal

If you choose to use PayPal to finalize and pay for your order, you will provide your credit card number, directly to PayPal. PayPal’s privacy policy will apply to the information you provide on the PayPal Web site.

Cookies

How we use cookies on our site and what information we collect. A cookie is a text-only string of information that a website transfers to the cookie folder of the browser on your computer’s hard disk so that the website can remember who you are. For more information about cookies, please visit www.allaboutcookies.org. The following types of cookie are used on this website: Session Cookies – These are temporary cookies that remain in the cookie file of your browser until you leave the site. We use them to maintain your login (so that you stay logged-in until you wish to log out), and to remember your preferences for things like forms. If you disable these cookies, you will not be able to stay logged in and you will not be able to register a login for the first time. You have the ability to accept or decline these cookies by modifying the settings in your browser . Persistent Cookies – These are cookies which remain in the cookie file of your browser for a much longer period, though how long will depend on the lifetime of the specific cookie. You have the ability to accept or decline these cookies by modifying the settings in your browser . Again, no personal or identifying information is held in these cookies.

Google Analytics

We use Google Analytics to track the performance of our site. No personal or identifying information is used for performance tracking, neither do we track the user outside of our site except for the entry and exit to our site. for more information on Google Analytics cookies visit Cookies & Google Analytics

Disabling/Enabling Cookies

You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the features of our site if cookies are disabled. top

New Accounts

All new web hosting accounts purchased on our order page are set up within 24 hours following approval by our account administrators. You will receive emails including login details after your purchase. Due to unforeseen complications with various mail servers and any connection problems between your ISP and EcoGeek, this process may sometimes be delayed.

Domain Names and Domain Transfers

In order for your domain name to point to the EcoGeek server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. These DNS are located in your welcome email and they are defined in a pair (primary- ns1.helresa.com and secondary- ns2.helresa.com). Please note: Our DNS are unique to each server so if you sign up and then a few months later open another account, you may not be using the same DNS as before. Please be aware that the above process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to EcoGeek and away from your original registrar. You must create an account at EcoGeek and initiate a transfer. A domain transfer is charged at the current EcoGeek rates. EcoGeek will take necessary steps to register domain names on behalf of the client when requested. Please note that domain registration is irreversible. If your domain name was registered via our company, we will renew a domain that is about to expire, unless you indicate otherwise via the EcoGeek client area. If you have any questions at all about DNS changes or domain names in general, please open a ticket at our help desk.

Content

EcoGeek believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to colour, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain time-frame or will face account suspension and/or termination. We prefer that you self-govern your content and remain responsible and all-knowing of what your website publicly provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individually, which have growing and evolving content, is impossible. However, if EcoGeek is made aware of any questionable content on a EcoGeek hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a EcoGeek server that copyrights their own material or that they wish to be removed, we require a signed notice to begin investigation.

Liabilities

EcoGeek.com makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall EcoGeek.com be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department.

Package Modifications

We are always evolving to stay competitive in our market so, in the future, if modifications are made to your respective plan’s specifications and/or price, the change will not automatically take effect on your plan. It is the sole responsibility of the client to request any updates or modifications to a plan.

Registrant Rights & Responsibilities

By registering your domain with EcoGeek you agree to the Registrant Rights & Responsibilities as outlined by ICANN. top

Acceptable Use Policy

EcoGeek is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities. Failure to follow any term or condition will be grounds for immediate account deactivation without notice. EcoGeek will be the sole arbiter as to what constitutes a violation of any of these provisions. Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension. To report suspected abuses or any violations of these policies, please contact our abuse department.

Illegal Usage

EcoGeek servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, prescription drug sales, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to EcoGeek service agrees to indemnify and hold harmless EcoGeek from any claims resulting from the use of the service that damages the subscriber or any other party. No online pharmacies or adult sites are allowed on our network. Sites related to HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes are prohibited. EcoGeek will be the sole arbiter as to what constitutes a violation of this provision.

UCE&M (Unsolicited Commerce Email & Material) – SPAM

Uploading, posting, emailing, transmitting or otherwise making available any UNSOLICITED or unauthorized advertising, or promotional materials where examples of these include but are not limited to “junk mail,” “instant messaging,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation from or through a EcoGeek server or using an email address or system that is maintained by EcoGeek is STRICTLY prohibited. EcoGeek will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channelling activities through a EcoGeek server as a mail drop for responses, you are in violation. Violators will be assessed a minimum of €200.00Euro fine and will face an immediate suspension and/or termination.

Server Abuse

Any attempts to undermine or cause harm to a EcoGeek server or customer of EcoGeek is strictly prohibited. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice. User agrees to only use EcoGeek services for its intended applications. Misuses include scientific/grid/distributed computing, data warehouse/backup storage, or bandwidth sinks. EcoGeek will be the sole arbiter to what is considered a misuse of service. User agrees to ask EcoGeek in the event they are unsure of their application’s fitness for our shared hosting services. top

Payments and Agreement to Pay

As consideration for the software or services purchased by you and provided to you by EcoGeek, you agree to pay EcoGeek at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. EcoGeek expressly reserves the right to modify pricing through email notification and/or notice on its web site. Services are all billed on an automatic basis. EcoGeek will automatically renew your services when they come up for renewal and will take payment from the payment method you have on file with EcoGeek at EcoGeek’s current rates. If for any reason, EcoGeek is unable to charge your payment method for the full amount owed, or if EcoGeek is charged a penalty for any fee it previously charged to your payment method (such as a charge back dispute), you agree that EcoGeek may peruse all available remedies in order to obtain payment. You agree that among the remedies EcoGeek may peruse in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or services registered or renewed on your behalf. You agree that you are solely liable for arranging that your services are renewed, and that EcoGeek shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received by the account holder for services.

Late Payments

If at any time, your hosting services become past due, you will receive a notification via email (to the most recently updated email address on file) with instructions on rectifying the situation. Please note that EcoGeek holds the right to deny all services to clients with past due balances. This may or may not affect clients with multiple accounts, as a past due balance, regardless of which individual package it applied to, will cause interruption in all services provided by EcoGeek Accounts 30 days past due will be assessed a late fee calculated at 20% of the balance due to re-activate service. If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. A 50.00€ charge back fee will be added to the amount disputed by the customer. We only accept bank transfer, or PaypPal for payment of services. Yearly plans renew automatically and are charged to the most recently payment method on file. In the event that your yearly/monthly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly instalments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account. Any debt not paid 90 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a 50.00€ EUR collection fee added to the balance previously due. Please note that EcoGeek holds the right to deny access to and/or de-activate accounts hosted on our servers with past due balances. PLEASE ADDRESS ANY QUESTIONS REGARDING PAYMENTS TO OUR ACCOUNTING DEPARTMENT BY OPENING A TICKET AT OUR HELPDESK.

Overage Charges

Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge you automatically if your account requires more resources. You must keep your email address updated within your account, so that you may receive an email when your account reaches certain limits determined solely by our system, i.e. bandwidth exceed warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed. top

Cancellations

If you wish to cancel your services, you must complete a cancellation request five (5) business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly. The cancellation form is located in the EcoGeek client area. If you cancel your account and your payments still continue to recur for any reason such as 1) by fault of EcoGeek staff 2) by fault of the payment processor 3) by fault of any other payment collection company, we are to be held free of liability for any overdraft fees that are issued by your financial institution.

Refunds/Account Termination

If, for any reason, EcoGeek fails to deliver said services to you, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces EcoGeek to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days. Cancellations of accounts pre-paid for on a monthly basis will not receive a refund for the remainder of the billing period. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated refund based on the monthly rate of the same hosting plan. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period. top

cPanel Transfers

EcoGeek provides cPanel account transfers for all new accounts (less than 30 days from sign-up date). Transfer requests are subject to transfer fees based on source account size. Please contact a member of our sales team for more information. All transfers from remote networks (servers hosted outside of the EcoGeek data centres) are not guaranteed. There are many factors that can affect remote transfers that may be out of our control (poor network connections, firewalls, missing/incorrect account credentials, corrupted source account data, etc.). We can only promise that we will make our best effort to transfer your data to our servers. If we are unable to complete the transfer, we will let you know so that you can handle the transfer yourself. We also cannot be held responsible for the integrity of your transferred data. Source Server Requirements: Active cPanel license Recent stable version of cPanel Perl 5.8.8 MySQL4 or later (Note: All servers/accounts come with MySQL5. Please ensure database compatibility before submitting request.) top

Affiliate Program

1. EcoGeek may terminate the Program or Publisher’s participation in the Program for any reason upon five (5) day’s notice to Publisher. 2. Publisher agrees not to participate in the Program through any Website or e-mail service which is misleading, libellous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, or offers any illegal good or service, links to any Web site that does so, offers or promotes any illegal activity or the disparagement of any individual group on the basis of age, colour, national origin, race, religion, gender, sexual orientation or physical or mental handicap, which engages in sending unsolicited commercial e-mail. 3. Publisher is authorized to use EcoGeek. logos, trade names, trademarks, and service marks, solely for the purpose of promoting EcoGeek products through the Program. Publishers may not alter, modify or change the foregoing in any way. 4. Immediately upon termination of the Program or Publisher’s participation in the Program, Publisher will stop displaying all advertising content or links relating to the Program. 5. Nothing contained herein shall imply any partnership, joint venture or agency relationship among the parties, and no party shall have the power to obligate or bind another party in any manner whatsoever, except to the extent herein provided. 6. These Terms and Conditions shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 7. EcoGeek may modify any of these terms and conditions at any time with proper notice to Publisher. Continued participation in the Program will constitute acceptance of the modification by Publisher. 8. EcoGeek retains the right to reject a referral as it deems necessary. (a) Not Allowed in Program 1. Mask URL using any Brand Names. 2. Make any representations, express or implied, or create an appearance that a visitor to your site is visiting a EcoGeek site; e.g., “framing” site. 3. Use any mark, name or domain name of any type, which is confusingly similar to Trademark or other Brand Name. 4. Engage in fraud or other conduct calculated to generate the payment to Publisher of commissions that do not reflect compensable Referrals/Leads/Booked Accounts within the spirit of the Program. 5. Engage in SPAM or unsolicited commercial advertising emails. 6. Must not offer an Incentive or Reward for purchasing a product through referral link. Incentives programs are not allowed and will be reversed. 7. Affiliates may not refer themselves and receive credit. (b) Protected Keywords The following keywords are prohibited from Search Campaigns and PPC marketing and campaigns: EcoGeek, Eco-Geek.net, www.Eco-Geek.org, www.EcoG-eek.net, eco-geek, or any variation of our Trademark. (c) Prohibited SEM Ad Copy Content Official, official site or any variation of official site that creates confusion to the consumer or a misrepresentation of who the actual web host is. (d) Prohibited SEM Display URL Content Publishers are not allowed to use EcoGeek.net as the display URL for any PPC advertising. (e) Direct Linking Publishers are not allowed to link directly to our Web site from search marketing campaigns. (f) Prohibited Website Content Affiliates are NOT permitted to use cookie stuffing techniques that set the tracking cookie without a user clicking on the affiliate link. (This includes but not limited to the use of iframes) Affiliates may NOT copy our website or portions of our website and display it on their own site or sub-domain. top