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Terms Of Service

This statement discloses the terms of use for Esobtel Web Hosting (Provider of this service) which consitute a legal agreement between you and Esobtel.

By accessing Esobtel, using the information, services and products available through this website, you are agreeing to the terms and conditions contained herein, you declare, agree and accept the following terms which may be updated at anytime without prior notice. It is advised that you check these terms from time to time.

Included in this Agreement

The Privacy Policy is part of these terms and conditions. Please read it along with this agreement (Terms Of Service).

Our Website Content

You acknowledge that the website, the service and all related content are subject to copyright and possibly other intellectual property rights.

Also you acknowledge and accept that the information contained on this website may include inaccuracies sometimes. Esobtel will try always to maintain an up to date content however the information contained in this website may include inadvertent and occasional errors and is provided "as is".

Registration

You may be required to register with us in order to make use of the service. Registration requirements:

  • You must provide us with accurate, complete and updated registration information.
  • You must safeguard any user name and password which we provide to you.
  • You agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware.
  • We reserve the right to discontinue or cancel your registration in our sole discretion without notice if you breach any of these terms and conditions or any applicable law or if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party.

Email Policy

Any email list hosted on a Esobtel account must meet the following criteria: be "opt-in" (voluntary signup) only with subscriber verification and allow users to easily unsubscribe at any time. Email addresses collected must not be sold or disclosed to any third party at any time. Evidence must be retained and available by request.

  • Any email which is defined as spam by Esobtel is strictly forbidden. Spam can include, but is not limited to, the mass mailing of/or unsolicited emails.
  • Opt-out mailing lists are strictly prohibited. This includes any lists or databases purchased or otherwise obtained from third parties, as the persons on such lists did not specifically solicit mail from you.
  • The forging of email headers is strictly forbidden.
  • The use of invalid or non-existent domain names.
  • Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path.
  • Use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party.

Catch All Email

In order to avoid any possible negative impact on the performance of our mail server we strongly discourage all our clients to have "catch all" email accounts for their domains. It is observed that majority of the performance issues of a mail server are attributed to "catch all" mail accounts which are often being targeted by the spammers.

System and Network Security

  • The customer will incur any civil and criminal liability arising from a breach of system or network security.
  • Examples of system and network security breaches include but are not limited to the following:
    1. Introducing a malicious program into the server or network, such as a virus, trojan horse or worm.
    2. Causing service disruption through methods such as email bombing, packet or IP spoofing, port scans and ping floods.
    3. Interfering with or denying service to another Esobtel customer.
    4. Interfering with or denying service to a customer of another provider, for example, through a denial or service or distributed denial of service attack.
    5. Conduct designed to avoid access limits and restrictions on services.
  • Any user creating or exploiting system security will be responsible for all costs incurred by Esobtel.
  • Emergency security breach recovery work carried out by Esobtel will also be charged at a rate of 100.00 $ per hour (U.S. dollars).

Resource Usage

  • If you use an excessive amount of server resources (including but not limited to CPU, processing time and memory usage) for a period of time, Esobtel reserves the right to suspend your account and request that you either upgrade your hosting package or reduce your resource usage to a level that is deemed acceptable.
  • Esobtel reserves the right to suspend and shut down any account which is deemed to be adversely affecting server performance or network integrity without any explanation.

Adult Content

The determination of what is "adult content" or "prohibited adult content" shall be solely made by Esobtel. (eg. you are not allowed to host, present, link to any "hardcore adult" sites. The determination of what is "hardcore adult" shall be solely made by Esobtel.

General Requirements

The account may not be used for the following but not limited to:

  • For any illegal purpose including but not limited to the transmission or receipt of illegal material.
  • To publish private informations about individuals without their consent.
  • To contact or communicate with minors in a manner prohibited by law.
  • To violate copyrights or to break other forms of intellectual property law.
  • To engage in spamming, pishing, indiscriminate advertising, unsolicited commercial email, mass news posts or any other kind of abuse of the internet.
  • To use your account mainly for file storage (eg. file hosting).
  • To host proxy sites (eg. Glype, Phproxy or any other proxies).
  • To transmit any unlawful, harassing, libellous, abusive, threatening, harmful, or hateful material of any kind or nature.
  • To host/use any nulled or illegal scripts, software without purchasing the necessary license.
  • To host any kind of torrent scripts, trackers or rapidleech scripts.
  • To host Chat Rooms, IRC Bots.
  • To sale or make promotion for alcohol, tobacco or drugs.
  • To host or publish anti-Christian websites, messages. (eg. black magic, tarot)
  • To host or publish gambling, lottery websites.
  • Linking to any illegal material or websites hosting/linking to such materials is forbidden.

Illegal Materials

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 and a 50.00 $ (U.S. dollars) cancellation fee will apply, also the proper (and your local) authorities will be notified of your actions.

General Agreements

  • The customer agrees to make payment for each service period in advance of the period.
  • The customer agrees to be bound by these Terms of Service and Privacy Policy at all times.
  • Non-payment for services will result in automated service suspension.
  • Esobtel reserves the right to suspend or terminate service at any time, without prior notice for violation of these Terms of Service or Privacy Policy or any other reason at its sole discretion.
  • The customer accepts that all invoices must be paid and any debts to Esobtel cleared before an account can be closed and the contract terminated.

Damages

You agree to comply with all rules specified in the Terms Of Service and Privacy Policy regarding the access to all goods owned or operated by Esobtel. Specifically, you agree that if any violation results in damages, Esobtel reserves the legal rights to impose fines onto you up to 5.000 $ (U.S. dollars) for damages to the system, including but not limited to major bandwidth costs for illegal sites (eg. torrent trackers), server downtime where your script or site is the cause or any kind of attempt to damage the image (eg. negative publicity) or integrity of Esobtel.

Billing Data

It is the customer's responsibility to keep all data related to the billing of services up to date and accurate. If the customer submits incomplete billing data the customer will be asked to complete it. Failure to comply will result in account suspension until completed. Failure to provide accurate and correct billing data will result in immediate account termination and also in civil or criminal liabilities.

Charge Backs

Incase if a customer withdraws his payments via bank, CC or PayPal using a charge back it may be subject to a punitive fee of 25 $ (U.S. dollars), if Esobtel deem this chargeback to be unfair. Esobtel reserves its right to defend this type of charge backs and recover the original amount of money plus the punitive fee from the account holder or card issuer.

Refund Policy

The payments for our services are completely non-refundable under any circumstances. Also if your account is canceled by Esobtel for violation of this Agreement ( Terms Of Services ) or the attached Privacy Policy, all payments made to us will become completely non refundable.

Limitation Of Liability

Esobtel cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Esobtel are resold. Thus, certain equipment, routing, software, and programming used by Esobtel are not directly owned or written by Esobtel.

Esobtel shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Esobtel servers going offline or being unavailable for any reason whatsoever. Under no circumstances Esobtel is liable to maintain and provide the backup, it is the responsibility of the client to maintain a local copy of the backup of the contents including the emails, database and all contents.

Esobtel is not responsible for any downtime or any other losses arising out of improper function, upgradation or failure of third party software, or any other issues thereof. It will be a sole responsibility of a client to ensure the proper function, the upgradation and any coding related or any other issue of all such components.

The client is the only responsible for the content uploaded to our servers, Esobtel shall not be responsible for the client content under any circumstances.

General Informations

If you have any questions about what you see on this page, please feel free to contact us before or after purchasing any services from us.