Terms & Conditions of Use

Refund Policy and Cancellation Policy
Terms of Service
Acceptable Usage Policy
Fair Usage Policy

Refund Policy and Cancellation Policy

e4creative reserves the right to cancel the service at any time. Should you wish to cancel your account with e4creative you must write to us 7 days before your next billing date. On requesting a cancellation we will reply with confirmation that your cancellation request has been actioned.

Terms of Service

e4creative ("the company") agrees to furnish services to the subscriber subject to the following TOS (Terms of Service). Use of our services constitutes acceptance as well as agreement to our acceptable usage policy.

All provisions of this contract are subject to the TOS (Terms of Service), AUP (Acceptable Use Policy) and the Fair Usage policy of e4creative. The AUP, TOS and Fair Usage policy ("the policies") may be changed from time to time at the discretion of the Company. Subscriber understands that change to the policies by the Company shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the United Kingdom of Great Britain, Scotland, Wales and Northern Ireland.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition e4creative shall have the right to terminate all services set forth in this Agreement.

Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time.

Payment: Establishment of this service is dependent upon receipt by e4creative of payment of stated charges. Subsequent recurring payments for online stores are due on the 1st of each month. For non online stores then payment is made on an annual basis for website hosting and domain name renewals. All accounts and services provided by e4creative are not subject to VAT under the laws of the United Kingdom.

Payments and Fees: Service will be suspended on accounts (websites, online stores, domain names and email accounts) that reach 7 days past their due payment date. Service suspension for nonpayment may be subject to a reconnect charge. Accounts that are not collectable by e4creative may be turned over for collection to an outside agency whose fees will be in addition to any already incurred by the customer. e4creative may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Refund and Disputes: All payments to e4creative are non refundable: this includes any setup fees or any subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury

New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 14 business days.

Transfer of existing Domain Names hosted by e4creative: Ordinarily the transfer of domain names away from e4creative are at no charge, however in the case where a Client has outstanding payments owed to e4creative then the domain name transfer will not take place until the outstanding payment has been made. If the outstanding payment is not made before the renewal date of domain names then the domain names will not be renewed and as such the domain names will then be made available for purchase by other interested parties.

Support Boundaries: We limit our technical support to our area of expertise. The following is our guidelines when providing support: e4creative provides support related to your server or systems physical functioning. e4creative does not offer tech support for application specific issues such as html programming or any other such issue.

SPAM and Unsolicited Commercial Email (UCE): e4creative takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of e4creative may not use or permit others to use our network to transact in UCE. Customers of e4creative may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the e4creative Network. Violations of system or network security may result in civil or criminal liability. e4creative will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation: e4creative is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

Suspension of Service or Cancellation: e4creative reserves the right to suspend network access to any customer if in the judgment of the e4creative the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which e4creative chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's accounts were suspended.

e4creative reserves the right to amend its policies at any time. All customers of e4creative must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: e4creative wishes to emphasize that in agreeing to the e4creative Acceptable Use Policy (AUP) and Terms of Service (TOS), the customer indemnifies e4creative for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to e4creative or the bringing of any claim against e4creative by any third-party. This means that if e4creative is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against e4creative, plus all costs and legal fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. Email and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. The Company may assign Agreement at anytime without consent from or notice to Subscriber. The Company reserves right to cancel customers rights under this contract at anytime without further obligation.

e4creative takes no responsibility for any material input by others and not posted to the e4creative Network by e4creative. e4creative is not responsible for the content of any other web sites linked to the e4creative Network; links are provided as Internet navigation tools only. e4creative disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

e4creative is not responsible for any damages your business may suffer. e4creative does not make implied or written warranties for any of our services. e4creative denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by e4creative.

Content: It is absolutely forbidden to host pornographic content (including links to pornographic sites in any form), illegal content (or sites encouraging illegal activities of any kind), hate or racist content, third-party copyrighted material, "warez" (including pirated software, ROMS, emulators, "phreaking", hacking, password cracking material - and links to the same), sites not in the English language, or IRC servers on our network. It is also forbidden to use our service as a "remote/off site back up" or a "filestore" solution. Accounts found hosting this material will be subject to immediate cancellation without refund. e4creative reserves the right to terminate accounts hosting material, which in its sole opinion, may be classed as "undesirable content" or which may pose a risk (of any sort) to either e4creative as a company, our network or servers or to a third party.

Responsibility for Content: You, as e4creative's customer, are solely responsible for the content stored on and served by your account. It is your sole responsibility to ensure that you have up to date backups of any and all data relating to your account - e4creative cannot take responsible for any loss or damage of any data.

Acceptable Usage Policy

e4creative's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what e4creative expects of them while using the service. All users of e4creative's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of e4creative's Service constitutes acceptance and agreement to e4creative AUP as well as e4creative's TOS (Terms of Service). All payments to e4creative are Non-refundable.

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. e4creative may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your e4creative account or other actions WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of e4creative's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of e4creative's AUP:

Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and exchange of information
Preserve the privacy and security of individual users

e4creative intends to provide its customers access to everything the Internet has to offer. While e4creative is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both e4creative and the Internet cannot be permitted under the guise of free speech. The resources of the e4creative and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization, the preparation of billing records and during technical support requests. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your account to publish material, which e4creative determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If an e4creative account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behaviour and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us.

Violations of Acceptable Usage Policy

The following constitute violations of this AUP:

Illegal use: e4creative's services may not be used for illegal purposes, or in support of illegal activities. e4creative reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm to minors: Use of the e4creative service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Threats: Use of the e4creative service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment: Use of the e4creative service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of e4creative service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the e4creative service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending e4creative account
E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending e4creative account.
E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the e4creative service is in violation of this AUP.
Usenet SPAMing: e4creative has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Unauthorized access: Use of the e4creative service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of e4creative's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending e4creative account is subject to immediate termination.
Copyright or trademark infringement: Use of the e4creative service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Collection of personal data: Use of the e4creative service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Network disruptions and unfriendly activity: Use of the e4creative service for any activity which affects the ability of other people or systems to use e4creative Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their account, through action or inaction, to be configured in such a way that gives a third party the capability to use their account in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. e4creative will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using e4creative services could result in suspension service.
Third Party Accountability: e4creative subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
It is absolutely forbidden to host pornographic content or IRC servers on our servers. Accounts found hosting this material will be subject to immediate cancellation without refund
IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. e4creative will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Fair Usage Policy

Network Performance

e4creative accounts operate on shared resources. Excessive use or abuse of these shared network and hosting resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network or server performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of e4creative systems or networks. e4creative reserves the right to terminate or limit such activities.

"Unlimited Bandwidth/Data transfer" accounts: Accounts specifying "unlimited data transfer" allow you to transfer an unlimited amount of data to and from your website as long as this does not impact server or network resources: unless you are transferring over 350Mb of data per day (an average of over 10Gb per month), this is unlikely to happen - but this "maximum recommendation" may vary depending on network and server conditions and at e4creative's discretion.

REVISIONS TO THIS 'TERMS OF SERVICE', 'ACCEPTABLE USE POLICY' and 'FAIR USAGE POLICY'

e4creative reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service), our fair usage policy and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).