Enbeservers Service Agreement
DEDICATED AND VIRTUAL SERVERS ORDERED THROUGH ENBECOM ("ENBESERVERS")
(To be read in conjunction with the Enbeservers Acceptable Use Policy)
In this document:
"Enbecom" or "we/us" means Enbecom Ltd, a company registered in England and Wales with number 11749458 and whose registered office is 124 City Road, London, United Kingdom, EC1V 2NX
"Customer" or "you" means the person, firm or company that has requested any Services.
"Service" or "Services" means any services supplied or to be supplied by Enbecom (or Enbecom's suppliers) connected with its product range of dedicated servers.
"Server" means an Internet-connected server, virtual or otherwise, provided by Enbecom for the Customer's use.
- We do not allow Warez or illegal MP3 sites.
- Adult content is not permitted at all.
- Users must not participate in any form of un-solicited bulk e-mailing or spam.
- IRC services are not allowed.
- Data stored on our systems is not guaranteed to be backed up. It is recommend that you keep an independent copy of all data stored on your server.
- You must not divulge your passwords to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.
- We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
- We reserve the right to cancel your services at any time without notice in the event of a breach in these Terms and Conditions.
- Should your account be closed, all files (including web pages etc.) will be deleted.
- We reserve the right to amend and update Terms and Conditions and the Code of Conduct at any time without notice.
1. Code of Conduct
Customers shall at all times comply with and help ensure that they and their clients comply with the terms of the current version of the Enbecom Code of Conduct. Customer agrees that Enbecom may amend the terms of the Code of Conduct from time to time by posting a new or different version of the Enbecom Code of Conduct at www.enbecom.net. The Customer shall include the terms and conditions set out in the Code of Conduct.
2. Temporary Service Suspension
The Customer agrees that it may be necessary for Enbecom to Temporarily suspend Services for technical reasons or to maintain the Enbecom network, the equipment or any other facilities, the timing of which will be as determined by Enbecom. Such suspension of the Services will not be an interruption of the Enbecom Services for the purpose of calculating network availability.
3. Emergency Service Suspension
Enbecom may interrupt the Services at any time for any duration of time, without penalty or liability for any claim by the Customer, where necessary to prevent improper or unlawful use of Enbecom Services or network. Such suspension of Services will not be an interruption for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.
4. Daily Backups
Enbecom offers daily and snapshot backups of critical data files, as a feature or option on some packages. If a customer has chosen the Daily Backup Option then it is Enbecom's and its suppliers responsibility to ensure we have a Backup of the customer's chosen data. It is the customer's responsibility to ensure that any backup folder creation or similar is set up in order for us to take the backups. Enbecom cannot be held responsible for the integrity of the customer's data or the fact that the data may be corrupt. The Customer will hold Enbecom without penalty or liability for any claim resulting from a failed backup and/or restore procedure.
5. Compromised /Hacked Server
A compromised or "hacked" server is a serious threat to our network. Enbecom and its suppliers, at their sole discretion, will take any and all measures to prevent a compromised server from doing additional damage to its own system and files or to the rest of the network. Determination that a server has been compromised:
By the Customer - If you believe your system may have been hacked, immediately report the situation to Enbecom technical support. Enbecom will examine your system and may implement additional monitoring of your system.
By Enbecom - If a Enbecom System Administrator or that of its suppliers believes a server on our network is compromised, Enbecom or its suppliers will: 1) disconnect the server from the network, 2) contact the client, and 3) provide evidence of the server being "hacked".
6. Termination of Agreement
If Customer breaches any of its obligations under this agreement or the Acceptable Use Policy (AUP) then Enbecom may terminate this agreement at any time and without prior notice.
7. Limitation of Liability
Customer acknowledges and agrees neither Enbecom nor any of its members, officers, employees, suppliers or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, Enbecom or any of its officers, employees, suppliers or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of Enbecom, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to Enbecom for one month of service under this agreement.
Customer will indemnify and save harmless Enbecom and its members, employees, agents, contractors, suppliers and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against Enbecom or any of its members, officers, employees, suppliers and representatives in connection with Customer's negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.
9. Customer Acknowledgement
Customer acknowledges that it accepts all risk of any unauthorised or illegal use of the Enbecom network or any inter-connected network by third parties. Enbecom provides no warranties, makes no representations, and accepts no liability for the unauthorised or illegal access or interference with the Customer's server/network unless such access or interference is caused by the intentional unlawful acts of Enbecom, its agents, suppliers or employees.
10. IP Address Ownership and Usage
Enbecom's suppliers assign IP (Internet Protocol) addresses to Customers for their use. Customers have no right to use Enbecom's (or its suppliers') IP addresses not assigned to them, to move IPs between different servers or account or in ways not permitted by Enbecom or its suppliers. Enbecom and/or its suppliers maintain ownership of all IP addresses that are assigned to Customers and reserve the right to change or remove them at their sole and absolute discretion. Typically, however, these changes are rare and made only at the request of RIPE & ARIN or an upstream provider. PLEASE NOTE: The allocation of IP addresses is restricted by the policies of RIPE & ARIN. These policies now dictate that name-based hosting MUST be used whenever possible. Enbecom and/or its suppliers reserve the right to periodically review IP address usage and revoke authorisation to use those IP addresses not being utilised or where name-based hosting could be used.
11. Enbecom Administrative Account and Software
For the purposes of Network/Server maintenance, inventory and related activities, Enbecom staff and management (and those of Enbecom's suppliers) retain the right to administrative access to any and all Servers on their network. To facilitate this, all Enbecom Servers include an administrative account and/or daemon designed for these purposes. See Acceptable Use Policy (AUP) for more details.