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ENGRAFITO.COM Hosting Terms Of Service

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You must accept these terms of service in order to use our service. These terms of service may be updated as needed at any time without notice. The main purpose of this agreement is to protect all users on our servers.
Read these terms of service carefully and return here frequently. Updates are cataloged on this part of the page.

1.) Suspension
Violation of these terms of service could result in suspension or removal of your account depending upon the circumstances. Suspension means that your account is put into a limbo state and is unreachable through any means. During suspension no files are lost or altered. Accounts found to be running a script which is causing a very high cpu load or mail script being used to send spam will almost always be suspended without notice to prevent further damage. Poorly written scripts must be removed in order for us to restore your service. Reports of spam are taken seriously usually resulting in immediate account suspension and investigation without notice. We reserve the right to suspend any or all accounts held by you without notice if we deem it necessary to do so.

2.) Scope of Service
Our servers and pricing has been designed to be low cost and therefore, in that spirit we are simply providing basic http, mail & ftp level hosting services. This also means that applications or scripts set up by users to run on the server which cause high cpu load may be asked to move to a dedicated server.
High CPU load is defined as using an average of more than 2% of the server processor in a 24 hour period beginning and ending at midnight, as determined by our server.
*For reference the average medium traffic website uses about .5% of system resources.

Engrafito.com Web Hosting staff doesn’t offer “how-to” support on running or installing scripts. Engrafito Hosting Staff may determine that a badly written script may affect our servers and thus cause the cancellation of the account immediately.

3.) Limitation of Liability
You expressly understand and agree that Engrafito.com Web Hosting shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Engrafito.com Web Hosting has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

You expressly understand and agree that Engrafito.com Web Hosting shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to errors in automatic credit card debits performed by our 3rd party billing service PayPal.

The information and materials contained on this web site have been compiled from a variety of sources and, as such, are subject to change without notice. In no event will Engrafito.com Web Hosting be liable for any damages, whether direct, indirect, general, consequential, incidental, exemplary or special, arising from the use of information provided on this server or through links to any other servers.

Communications to Engrafito.com Web Hosting via this web site shall in no way be deemed to constitute legal or official notice to Engrafito.com Web Hosting, its agencies, officers, employees, representatives or agents with respect to any existing, pending or future claim or cause of action against Engrafito.com Web Hosting or any of its agencies, officers, employees, representatives or agents where notice is required by Federal, State or local law. Nor shall communications to Engrafito.com Web Hosting via this web site be deemed to constitute legal or official notice for any other purpose.


4.) Content

Engrafito.com Web Hosting does not actively monitor customer files or content. All services provided by Engrafito.com Web Hosting 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.

5.) Examples of illegal content or links

Pirated software
Hackers programs or archives
Warez Sites
Illegal MP3s
Shoutcast server

6.) Chat Rooms
We do not allow clients to install their own CGI chat rooms. These tend to be large system hogs and we cannot allow it as a account option. We do provide a choice of JAVA chat rooms free of charge that more than fill your needs and run without hindering the performance of the machine for others.

7.) Background running programs
We may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

8.) IRC
We currently do not allow IRC or IRC bots to be operated on our servers. Examples include but are not limited to:
- Any IRC Bouncers such as, but not limited to, psyBNC,bitchX.
- IRC Eggdrops.
- Proxy Servers


Any account found to be running IRC or IRC bots or proxy servers or any service not installed by us will be suspended forever.

9.) SSH (secure shell)
Secure shell access is available to trusted customers by request using the following guidelines:
We may request a legible photocopy of a valid legal photo ID with drivers license number and or Social Security or the financially sensitive equivalent of that information in your country blacked out or otherwise masked for your protection before transmitting the copy to us. ID must match the name of the domain owner on file at the domain registrar and if the name is protected by a proxy service SSH access will be refused.

10.) Discussion Forum Scripts
We have recently had issues with popular websites and their associated discussion scripts. To protect all users please use the following guidelines. You are encouraged to use PHP MySQL based discussion scripts whenever possible. Flat file discussion scripts such as Ultimate Bulletin Board (UBB) are not allowed. Scripts which are found to be using excess system resources will be asked to move to a dedicated server or be disabled. This is to protect all users on our servers.

11.) BANNED SCRIPTS
The following are scripts which either cause a great load on our servers or pose a serious security risk, therefore can not be run on our servers.
Any gaming server software
IRC Egg Drops
Proxy Servers
nph-proxy
bitchX
The Anonymizer
any soap mailers
Anonymous file sharing scripts


These scripts are on the banned list because they have at one time been installed by customers and have had a serious impact on the rest of our user accounts.


12.) Commercial Advertising - Email or Usenet
Spamming, or the sending of unsolicited email, from a Engrafito.com Web Hosting server or using an email address that is maintained on a Engrafito.com Web Hosting machine is STRICTLY prohibited. Equally, any email or usenet spam which points to any domain hosted on a Engrafito.com Web Server will result in immediate suspension of that domain name account and a full investigation. Any form mail script running on your account is done at your own risk. Ignorance of the risks of such scripts is no defense. Engrafito.com Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Reports of spam are given top priority if you have arrived at this page in the course of a spam investigation and wish to report abuse send all details and headers to webmaster@Engrafito.com.com as soon as possible.

12.1) Bulk Email
Safelists (safe lists) or the voluntary acceptance of bulk email put an extremely high load on our servers. Using our servers to send or accept spam type or junk email in mass quantities for pay (or free) is expressly forbidden. Domains receiving more than 10,000 emails per 24 hour period will need to make arrangements to host email on a dedicated server or have incoming email null routed.

12.2) Other Mail
Outgoing mail from our servers is pre-set with a hard limit of 1000 per hour, this includes all outgoing SMTP and Mailing Lists. Maximum POP3 mailbox checking is limited to once each 30 seconds per email account.

12.3) Mailing Lists & AOL email addresses on them
No mailing list can contain an email address owned by AOL or any AOL customer. No email can be sent to any AOL address from any mailing list.

13.) Server abuse
Any attempts to undermine or cause harm to a Engrafito.com Web Hosting server or customer of Engrafito.com Web Hosting is strictly prohibited. No user is allowed to use more than 2% of the server's resources. In the event there is a problem the account holder will be notified. If the user continues to use more than 2% of the server's resources the account will be suspended. *For reference that average medium traffic site uses about .5%.

14.) Damages
If you violate these terms of service and it results in damage to our servers or causes Engrafito.com Web Hosting any additional expense or legal fees you agree to compensate us in full for the amount of monetary damages multiplied by a factor of two (2) as determined by us.

15.) Liability
Engrafito.com Web Hosting is in no way responsible for down time either resulting from a users actions, or natural fluctuations in internet consistency. Engrafito.com Web Hosting will however, do everything within it's power to assure that each and every client site is up as consistently as possible.

15.1.) Website Operability
Engrafito.com Web Hosting constantly updates server software and security settings based upon internal and external conditions which can change without notice. For this reason it is usually not feasible to announce some changes in advance, especially where server security is involved. While most changes go completely unnoticed by our customer occasionally a security or server change will break a website's functionality. It is the responsibility of the website developer to create his website to function within our server environment and we cannot troubleshoot, edit, or attempt to fix any website which cannot run in our server environment.

16.) Indemnity
You agree to indemnify and hold Engrafito.com Web Hosting, and its officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

17.) Billing
Engrafito.com Web Hosting's billing period is typically every 30 days to 360 days depending on the term you have chosen. Each account may be paid monthly on this same website, depending on the case. After the account has been suspended for 30 days it will be deleted. Account suspension does not release the past due debt, and duration of the suspension for any reason is considered billable service until the files are deleted by us or the current hosting term expires whichever is sooner.

18.) Refunds
Engrafito.com will offer no refund of your total paid. Please be aware of this before pressing the Buy Now button on this website.

19.) Refunds (past first 30 days):
Are basically the same as refunds in the first 30 days.


20.) Canceling Service
To cancel service submit an email from our support page indicating that you wish to cancel service. Please supply your account username and password for verification purposes, or we will need to verify via email for your protection. We will immediately stop recurring billing on your account at 2Checkout or PayPal and delete your account at the end of its current billing cycle for the domain name or domain names affected.

Canceling service does not remove your email address from the Engrafito.com customer forum automatically. To unsubscribe from the forum click below.
Unsubscribe to Forum

21.) Reseller Hosting
All resold plans (your customers) are subject to the same terms and conditions of regular hosting plans, with the following additional terms:
a.) Free Hosting Offering
Due to the spamming and abuse reputation of "Free Hosting" offers, adding hosting accounts for third parties for no consideration or monetary price is strictly prohibited. This also applies to giving away email accounts to non trusted parties.
b.) Instant Account Activation
Due to the abuse risks involved in instant account activation. Instant account activation scripts are strictly prohibited. Instant account activation scripts are those which create an account automatically, or send login information to the customer (end user) with no human intervention or screening.
c.) Reasonable Care
You agree to exercise care in screening new signups to help prevent abuse or hit and run spamming operations from gaining access to our servers. You agree to provide all contact information you have on file for any domain name hosted on our servers upon request. Failure to provide adequate contact information may be deemed as a violation of "reasonable care" and may put your main account in serious jeopardy.
d.) CPanel Demo Accounts
We do not allow Cpanel Demo Accounts

e.) Third Part Violation of TOS
Hosted domains (your customers) found to be in violation of the terms and conditions are subject to suspension or deletion without notice depending upon the severity of the violation. Any suspended domain must be brought into compliance before un suspending the account. Any domain deemed by us to be in severe violation must be removed from the server and may never be reinstated. Reinstating accounts banned forever by us will put your main account in serious jeopardy.

f.) Restoring Banned Websites
Important - If the reseller recreates a previously banned domain that was under their control on our server all the domains under their control will be suspended pending deletion. We also cannot under any circumstances restore or help move these suspended domains.

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