Terms of Service


All services provided by Ethernet Servers ("Ethernet Servers") 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 Ethernet Servers from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Ethernet Servers' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:
- Unsolicited Mail (Spamming)
- Distributing illegal copies of copyrighted software or Warez
- Violations of copyrights, trademarks or U.S laws
- Selling and/or distributing illegal contraband
- Anything related to IRC
- Hacking Tools and/or programs
- File Sharing, Image Galleries, Image Hosting, and/or Storage sites
- Escrow sites
- Investment sites
- AutoSurf sites
- Banking sites
- Lottery sites

Violations of any of the above will result in immediate account suspension or termination.

Traffic Usage
All accounts that exceed bandwidth usage will be automatically suspended, it is up to the service owner to work with Ethernet Servers on a solution.

Backups
We backup the accounts for all Web Hosting and Fully Managed VPS customers once per day, with 7 consecutive restoration points to choose from. Self-Managed VPS' are not backed up, and as such, we advise maintaining your own backups.

Free Data Migration / Account Transfer
We provide a free data migration/transfer service for all Web Hosting and Fully Managed VPS customers. You can request us to migrate your data over from your old hosting provider at any time, however, there is one restriction to this: Your old hosting provider must be running cPanel.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Ethernet Servers 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.

Refusal of Service
We reserve the right to refuse, cancel or suspend any service(s), at our sole discretion.

VPS CPU Usage
We operate a fair-share CPU policy. CPU is not dedicated to any one VPS on a host machine, and as such, you are asked to moderate your usage and consider other people who are sharing the same hardware as you. We do not allow any other form of CPU intensive application such as Bitcoin Mining which can utilize a large amount of CPU. Our Management Team reserve the right to suspend any VPS' that we believe are using excessive CPU. Game servers are acceptable assuming they do not utilize too much CPU.

Billing
This section highlights how we handle the billing process. If you feel you will not be able to pay an invoice on time, or if you have any questions or concerns, please let us know and we'll be more than happy to assist you.

- 10 days before your service is due, your invoice will be generated.
- 2 days before your service is due, you will receive an invoice reminder email.
- 1 day after your service is due, you will receive an invoice overdue email.
- 2 days after your service is due, it will be automatically suspended if no payment is made.
- 10 days after your service is due, it will be automatically terminated if no payment is made.

Refunds
We offer a 60 day money back guarantee on all of our services. Managed VPS Customers with cPanel are eligible for refunds, minus the cost of a cPanel license which is billed at $13 monthly. Refunds will not be issued for those who violate our terms of service. License purchases and Domains are non-refundable. Refunds are available for your first purchase only.

Account Security
A number of security measures exist in our hosting infrastructure and customer portal to prevent security breaches however you are responsible for securing your own account by means of using strong passwords, trusted email providers and so on. Customers will be notified via email of any global security issues affecting multiple customers.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
Ethernet Servers shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Ethernet Servers' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Ethernet Servers 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 Ethernet Servers' servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of any of our policies should be referred to the abuse contact on our Contact Us page. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
Ethernet Servers cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Ethernet Servers are resold. Thus, certain equipment, routing, software and programming used by Ethernet Servers are not directly owned or written by Ethernet Servers. Moreover, Ethernet Servers holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Ethernet Servers sees fit.

Account Activation
By activating your account with Ethernet Servers, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept everything covered in this document. If you sign up for an account and fail to comply with these terms, no refunds will be given.

Server Uptime Guarantee
We guarantee uptime of at least 99.9% in any given month though on average we achieve at least 99.9% uptime every month. Our network and servers are monitored continuously, and are rarely offline and/or unavailable except for scheduled maintenance or network outages that may be beyond our control. Account credit will be issued based on management approval for uptime below 99.9%, which can be requested by opening a support ticket.

Ethernet Servers reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification.