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Terms of Service

What is this?

The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our services. Use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of Encept’s services implies agreement with these terms!

Questions or concerns

Any questions regarding this agreement should be sent to Encept’s sales department prior to signing up for service.

Terms of Service

Encept (Zeruck, LLC., D.B.A. Encept) (hereinafter referred to as “Encept”) provides web hosting and internet-based hosting solutions to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using Encept services.

Service Agreement

The Encept Service Agreement is a separate agreement between Encept and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using Encept’s services. Contact our sales department for any clarifications.

See also: Service Agreement

Resource utilization policy

The Encept Resource Usage Policy is an extension of the Terms of Service containing more specific utilization policies. Please make sure you are in agreement with its points and conditions before signing up for or using Encept’s services. Contact our sales department for any clarifications.

See also: Resource Usage Policy

Domain registration agreement

The Encept Domain Registration Agreement is applicable for all domains registered by or transferred to Encept by a client. By registering or transferring a domain, client acknowledges their acceptance of the Domain Registration Agreement. Contact our sales department for any clarifications.

See also: Domain Registration Agreement

Content

All services provided by Encept 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 statue. The subscriber agrees to indemnify and hold harmless Encept from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any Encept server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Encept servers or any other server on the internet. Links to such materials are also prohibited. Contact our sales department for any clarifications.

Examples of prohibited / non-acceptable content

  • Pirated software
  • Bulk Email related products
  • Pornography/Nudity/Adult Content
  • Hacking/cracking related websites
  • Warez and/or copyrighted MP3s
  • Material illegal under United States of America law
  • Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)


Encept will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!

Copyright violations

Encept will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

System resource usage and utlization

If Encept’s system administration team determines that an account is utilizing an unacceptable amount of system resources, Encept may temporarily deactivate the account in question. If Encept’s staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases; Encept will do all it can to assist customers prior to this scenario.

Encept (Zeruck, LLC., D.B.A. Encept) will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

See also: Resource Usage Policy

Backups and data retention

Encept performs nightly backups of shared and reseller servers; however, these backups are for Encept’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Encept does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Encept’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from an Encept server or using a return email address that is maintained on an Encept server is STRICTLY prohibited. Using SPAM to advertise a site hosted on Encept’s network also constitutes as a violation of this provision. Encept will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.

For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of $90/hour for any cleanup, research, and related work from their illegal activities.

Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.

Support Abuse

At Encept, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. A pro-rated refund may be issued on a case-by-case basis.

Server Abuse and Misuse

Any attempts to undermine or cause harm to an Encept Internet Solutions server or customer of Encept is strictly prohibited.

Encept will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation without refund. Encept will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

Cancellation

Cancellations are processed by our Billing department; hours for Billing can be found here. To cancel an account, submit your cancellation request to Billing via email or Backstage. To expedite your request, be sure to include the following information:

  • Primary domain name on the account
  • Answers to your two selected security questions
  • Verification that you have downloaded a backup of all necessary files

The above information is required for the protection of all customers.

Refund request

Outside of the Money Back Guarantee, refunds are not offered.

A 30 Day Money Back Guarantee applies to the following services only:

  • Shared Web Hosting
  • Shared Cloud Web Hosting
  • Reseller Hosting
  • Reseller Cloud Hosting

The 30 Day Money Back Guarantee does not apply to nor are refunds available for the following services:

  • Managed Virtual Private Server(s)
  • Unmanaged Virtual Private Server(s)
  • Managed Dedicated Servers
  • Unmanaged Dedicated Servers
  • Domain Name Registrations / Transfers / Renewals

Note that the 30 day period ends exactly 30 days from the day on which account was originally activated (not the day the order was placed). This guarantee is VOID if your account violates our Terms of Service or Service Agreement. Setup fees are non-refundable. External services, such as but not limited to, dedicated IP addresses, installation charges, third-party licenses, control panels, etc., are non-refundable.

Failure to comply and follow policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to Encept’s discretion). Any accounts and/or servers contained within Encept’s network must adhere to the above policies.

We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund–and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

Encept reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.

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